Salim Bashir said a departure from the traditional concept of punishing a criminal by putting them in jail for the entire duration of their sentence would encourage their reform, rehabilitation and reintegration into society.
In 2018, the parole system was introduced in Malaysia via amendments to the Prison Act 1995.
Under the existing system, those sentenced to jail for one year or more and have served at least half of their imprisonment term may apply to be released on parole.
If granted by the Parole Board, parolees will be allowed to serve the remainder of their sentences outside prison walls, subject to certain conditions.
Salim, however, said parole is presently not available for those convicted of offences listed in the Fourth Schedule to the Prison Act, including those who are on death row, sex crime offenders and convicts in national security cases.
“The government should reconsider and review restrictions affecting those convicted for the serious offences listed in the schedule,” he told FMT.
The former Bar president was commenting after South African former Paralympic star Oscar Pistorius was released on parole last week, nearly 11 years after murdering his girlfriend, 29-year-old model Reeva Steenkamp, on Valentine’s Day in 2013.
A parole board in November agreed to free Pistorius after he completed more than half of his sentence of 13-years and five months.
On July 4, a law passed by the Malaysian Parliament came into effect, giving judges the discretion to impose a jail sentence instead of the death penalty for several serious offences, including murder and drug trafficking.
In place of murder, judges may now impose a jail term of between 30 and 40 years, while the maximum custodial sentence for trafficking is now 30 years.
Salim said parole rules should also be amended in line with those changes to allow a foreign convict to serve the remainder of his sentences in his home country provided the government has a reciprocal arrangement with that nation.
Meanwhile, lawyer Jay Moy said extending parole to a wider group of convicts would result in huge savings of taxpayer funds.
“It will certainly help reduce overcrowding in prisons and allay security and health concerns,” he added.