information pack for british prisoners and detainees in malaysia · 2017-05-31 · remedies for...

Information Pack for British Prisoners and

Detainees in Malaysia

Author British High Commission Kuala Lumpur

Date 22 May 2017

Contents Introduction ........................................................................................................................... 4

Who can help? .................................................................................................................. 4

About the High Commission .............................................................................................. 4

Who are the Consular Representatives? ........................................................................... 4

Contact Information ........................................................................................................... 4

First Steps ............................................................................................................................. 5

Who will know I have been detained? ................................................................................ 5

What will my family be told? .............................................................................................. 5

What will the Consulate do? .............................................................................................. 5

Would I have a criminal record in the UK? ......................................................................... 5

Visits ..................................................................................................................................... 6

How do my family and friends arrange a visit? ................................................................... 6

How many visits am I allowed? .......................................................................................... 6

Consular visits ................................................................................................................... 6

What can visitors bring? .................................................................................................... 6

Prison conditions/services ..................................................................................................... 8

Arrival at police station ...................................................................................................... 8

When does an investigation begin? ................................................................................... 8

Who can investigate you?.................................................................................................. 8

Are you obliged to answer police questions? ..................................................................... 8

What search powers do the police have? .......................................................................... 8

Arrival at prison ................................................................................................................. 9

General prison conditions .................................................................................................. 9

How can I receive money? ................................................................................................ 9

Can I work or study in prison? ........................................................................................... 9

Can I receive medical and dental treatment? ................................................................... 10

Food and Diet .................................................................................................................. 10

Mail/Parcels ..................................................................................................................... 10

Can I make telephone calls? ........................................................................................... 11

Leisure and entertainment ............................................................................................... 11

Drugs .............................................................................................................................. 11

How can I make a complaint about mistreatment? .......................................................... 12

The Malaysian Judicial System ........................................................................................... 13

Is the system the same as the UK? ................................................................................. 13

What should happen when I am arrested? ...................................................................... 13

What are my rights as an arrested person? ..................................................................... 14

For how long can I be remanded in custody? .................................................................. 14

What happens at the end of the remand period? ............................................................. 14

What happens when I am charged? ................................................................................ 15

What provision is there for bail?....................................................................................... 15

Criminal offences and bail: .............................................................................................. 15

Bailor and the bail bond: .................................................................................................. 15

Bail for serious offences: ................................................................................................. 15

What kind of legal assistance is available? ...................................................................... 15

What happens at the trial? ............................................................................................... 16

Sentences ....................................................................................................................... 16

How can appeals be made? ............................................................................................ 16

Remedies for wrongful arrest & detention: ....................................................................... 17

What provision is there for early release e.g. on parole? ................................................. 17

What provision is there for clemency or pardon? ............................................................. 18

What about any financial penalties? ................................................................................ 18

Is transfer to another prison within Malaysia possible? .................................................... 18

Is transfer to the UK a possibility? ................................................................................... 18

What are the procedures for release and deportation? .................................................... 19

Prisoners Abroad ................................................................................................................ 20

Annexes .............................................................................................................................. 21

Disclaimer ........................................................................................................................... 49

Introduction

Who can help?

The Foreign and Commonwealth Office (FCO):

The FCO is represented overseas by its Embassies and Consulates (High Commissions in

Commonwealth Countries). Both employ consular officers, and one of their duties is to

provide help and advice to any British National who gets into difficulty in a foreign country.

About the High Commission

We are impartial; we are not here to judge you. We aim to make sure that you are treated

properly and fairly in accordance with local regulations, and that you are treated no less

favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask

your lawyer or the court about legal matters. The attached list of lawyers is provided by the

British High Commission for your convenience, but neither Her Majesty’s Government, nor

any official of the Consulate, take any responsibility for the competence or probity of any

firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial

procedures to get you out of prison nor secure you an earlier trial date; we cannot

investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date,

but the British High Commission cannot accept legal responsibility for any errors or

omissions in the information. If in doubt contact a lawyer.

Who are the Consular Representatives?

Karen Song Juita Ghazie Rupini Gunnasan Louise Webb

Vice Consul Consular Officer Consular Officer Consular Officer

Contact Information

British High Commission

Level 27 Menara Binjai

2 Jalan Binjai

50450 Kuala Lumpur

Tel: 00 (603) 2170 2200

Fax: 00 (603) 2170 2325

Email : [email protected]

Website: www.gov.uk/government/world/malaysia

Office hours: 8.00am – 16.30pm (Monday – Thursday)

8.00am – 13.15pm (Friday)

First Steps

Who will know I have been detained?

When a British National is arrested and detained in Malaysia, the Malaysian authorities must

inform the British High Commission. This is done formally in writing and can take two to

three days to reach us. In certain cases it can take up to 21 days or longer. We may be

informed quicker over the phone by friends or relations, by the arresting officer, or,

exceptionally, by the prison social worker.

What will my family be told?

For reasons of confidentiality, we are not permitted to tell anyone that you have been

detained or what the offences are, without your permission. We must obtain your permission

to discuss your case or to confirm your detention, with anyone.

What will the Consulate do?

As soon as we have been notified (whether by family, friends or officially) we will apply for a

visiting permit and a Consular Representative will visit within two working days of us

receiving the permit, unless you ask us not to. Please note that it can take two to three days

for a permit to arrive.

During the visit, we can provide you with general information on the Malaysian judicial

system and, if consented, ask your next-of-kin if they would like to receive it too. We will

check on your welfare and on how you are doing.

If you are remanded at prison or sentenced to imprisonment, with your consent, we can also

give your next-of-kin the address of the prison or tell them how to transfer money to you,

through the British High Commission or through the Foreign & Commonwealth Office in

London. A Consular Representative will then arrange for the money to be deposited into

your prison account.

Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as

sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore

possible that information about this offence may appear if a Criminal Records Bureau

check were carried out by a prospective employer.

Visits

How do my family and friends arrange a visit?

You are allowed a 45 minute visit from friends and family, depending on which prison or

detention facility you are held in. Visit regulations for family and friends visits may vary from

prison to prison, or from one detention facility to another.

You may be allowed extra or longer visits for special or compassionate reasons (for

example, distance). Request for longer visits at a prison has to be made with the Prison

Head Office before each visit. Request for longer visits at a detention facility has to be made

with the facility’s Records Office. The request for these visits can be made through us. Your

family or friends should inform us about their visits before travelling. We will forward the

requests to the Prison Head Office or detention facility’s Record Office for a longer visit.

Visitors would have to bring along their original identification document (for example,

passport) when visiting, as they must identify themselves upon arrival at the prison. This

identification document will be held by the prison, where your visitors will then be issued with

a pass. Your visitors’ identification document will be returned to them at the end of the visit.

How many visits am I allowed?

Frequency of visits may vary from prison to prison; or from one detention facility to another.

We can enquire and clarify with the authorities, on your behalf.

Consular visits

We will offer to contact your family or next-of-kin to tell them the situation. With your

consent, we can give them advice on prison procedures, regulations, your morale and how

you are doing. We can also pass on any messages from you. You can write to us at any

time on matters of concern.

If you are detained or on remand we aim to visit you as required in order to monitor your

welfare, with a possibility of more frequent visits in the immediate period after your arrest.

After sentencing, we aim to visit you once every 6 months, unless there are reasons to visit

you more frequently.

What can visitors bring?

Visitors are allowed to bring reading materials for you, however these reading materials will

be subjected to security checks by the authorities at the prison or detention facility.

Visitors are not permitted to bring in any food items and other articles from outside, unless

otherwise authorised by the Records Office and it is subject to the approval from the Prison

Director. All toiletries and some items (for example, soap, toothpaste, shorts, white T-shirt or

face towels) are not permitted to be brought in by your visitors, and have to be purchased

from the prison canteen. It is possible for a Consular Representative to bring in prison

comforts. Items requested are also subject to approval from Prison Director.

Prison conditions/services

Arrival at police station

When does an investigation begin?

Investigation begins before a charge is brought against you, in order to determine if there is

any or enough evidence, which can sustain the charge.

Who can investigate you?

Police officers

Drug enforcement officers

Anti-corruption agency officers

Custom officers

Immigration officers

Other enforcement authorities

Are you obliged to answer police questions?

When the police are investigating a case and think you have information or knowledge about

the case, the police may question you and take down your response (112 Statement). Most

times, the police will make an informal request that you give a 112 Statement. Please seek

legal advice if you have been asked to give a 112 Statement.

If you refuse to cooperate, the police may issue a formal order in writing, signed by the

investigating officer (police officer) to ask you to cooperate. If you disobey a Police Order,

you cannot be arrested. However it is an offence and the police may request the Magistrate

to issue a warrant against you, to compel you to cooperate.

When giving a 112 Statement, you have the right to ask a lawyer to accompany you. You

may refuse to answer any question or remain silent if the answer is likely to expose you to a

criminal offence. Check your 112 Statement to ensure that the information recorded is as

accurate as you have conveyed, before signing the Statement.

What search powers do the police have?

Any enforcement authority, with power of arrest, may search any property entered by the

person sought to be arrested and may enter the property by force if refused entry.

You may be searched and any articles found, which are reasonably believed to be evidence

of the crime may be confiscated, until your release. Any offensive weapon found on you may

be seized.

If you are unable to give a reasonable account of your identity, the police and other

enforcement authority may search you to ascertain your name and your address.

Arrival at prison

If you are sentenced to imprisonment or are remanded awaiting trial, you will be sent to a

prison. When you arrive into prison, any personal items you have will be taken off you and

kept safe. Your details will be entered in the system, and you will be given a unique body

reference number. You will then be given a uniform.

General prison conditions

You do not have the right to a single cell. Only prisoners who are sentenced with death

penalty have right to a single cell. Overcrowding is sometimes a problem in Malaysian

prisons. Often you will be placed in a shared cell.

Normally, unless otherwise specified by the prison authorities, you will be with the general

population of the prison block. However, upon your return to court (for example, court

hearings or trials), you will be placed in quarantine for up to 14 days. During this period, you

will not be allowed any visitors (except for visits from Consular Representatives) and may

have limited access to prison facilities. Once this period ends, you will return to your usual

prison block.

If detained for Immigration offences, you may be detained in an immigration deportation

centre or holding area. Conditions in these camps can be very basic and crowded.

You will be provided 3 meals a day, and you will have the opportunity to purchase additional

food, if you have funds in your prison account.

If you require any assistance whilst in prison or detained, the Record Office or the block

officer where you are situated will be able to assist you. They can pass on messages to us. If

you would like to apply for a telephone call or to see the doctor, you would have to obtain

permission from the Record Office.

If you wish to meet with any religious personnel from the Government Department or

members of religious associations, you can seek for assistance from the Record Office.

However, they have the right to object to the visit or stop this service at any time for security

purposes.

How can I receive money?

Your family and friends may deposit money to your prison account for prison comforts. The

British High Commission can help organise this, and if desired, hold funds provided by your

family or friends which can be deposited in the prison account when required, or when

visited by a Consular Representative.

Can I work or study in prison?

Prisoners may work if you are certified fit by the prison’s medical officer. The prison will

determine to job or vocational training most suited for you, based on your sentence and

interests, and the prison’s capacity and resources. If you wish to work and it is practical, safe

and suitable, you may be employed and the prison shall pay you wages as determined by

the Prisons Regulations 2000.

You will be permitted to spend up to two-thirds of the total of your monthly earning upon the

purchase of necessities (for example, toiletries) for your own use.

The balance of your earnings will be placed into your prisoner account and the total credit

will be paid to you upon release or part of the earnings to be sent to your family.

Can I receive medical and dental treatment?

Each prison has a resident medical officer who may attend at the prison daily. If you are sick,

inform the prison guards immediately, who will arrange for the medical officer to examine

you. The medical officer will then report to the prison’s Record Office if he/she thinks that it is

necessary to recommend further treatment or prescribe additional medications to you.

In case of serious illness in which there are inadequate facilities for your treatment, the

prison may transfer you to a government hospital, accompanied with the referral certificate of

the medical officer.

If you need dental care, you should inform the prison who could arrange a dentist to visit

you.

In the event where you have not been given access to a medical officer or a dentist, please

inform us. The Consular Representative can enquire with the prison, on your behalf.

Food and Diet

You will be provided 3 meals a day. The prison authorities have assured the High

Commission that the food they provide is a balanced diet giving the necessary daily

nutritional requirements. This is in line with the Prison Regulations 2000. A special diet,

based on medical grounds, can only be approved when the prison medical officer has given

his authority. The prisons have separate menu for vegetarians.

You are able to purchase additional meals from the prison canteen. The costs of the

additional meals will be deducted from your prison account.

Mail/Parcels

You may be able to send or receive mail whilst in prison. Your letters will be subject to

inspection by the prison authorities, and the clearance for delivery is at the discretion of the

prison.

Mails can also be delivered through the High Commission, but are also subject to inspection

by the prison authorities.

If the prison authorities have deemed that the contents of your letters are inappropriate, they

will give you an opportunity to rewrite your letter. If the prison authorities find that the content

of a letter sent to you inappropriate, the letter in question will either be returned to sender or

destroyed.

You cannot possess any unauthorised articles and if found, they will be confiscated by the

prison authorities. Reading materials with explicit contents are not permitted in prison or

detention centres.

If your visitors want to deposit certain articles during their visits (for example, money,

clothing, food, drink, tobacco, letter, paper, book or tools), they must be approved by the

prison authorities before the article can be given to you. The prison authorities reserve the

right to refuse an article that is inconsistent with the prison regulations.

Can I make telephone calls?

Whilst on remand in a police lock-up or a detention facility, generally you are not permitted to

make telephone calls. Police officers may have the discretion to allow you to make

telephone calls, but this is however on case-by-case basis. You can also ask the police

officers to contact the High Commission or to inform your next-of-kin, on your behalf.

Once sentenced and imprisoned, you are permitted to register up to 5 contact telephone

numbers on your prison record. You are able to purchase telephone cards from the prison

canteen, and with the telephone card, you can request to contact any of the 5 registered

numbers.

Leisure and entertainment

You may receive reading materials from your family or friends, but this is subject to checks

and possible censorship by the prison authorities. Some prisons or detention centres may

also have a library, where you are allowed to have library books and to exchange them as

often as practicable. The library can however be limited.

You may have the use of books and writing materials received or secured through the prison

officer with the permission and approval of the prison authorities.

Any religious books or articles recognised for your denomination and personal use are

acceptable for prison use.

Drugs

It is considered as an aggravated prison offence if you are caught in possession, in custody,

in control, abusing or distributing any dangerous drugs or substance. If you are caught and

found guilty of an aggravated prison offence, the prison authorities may punish with one or

more punishment. This includes reprimand, forfeiture of privileges, and reduction of earnings

or separate confinement.

How can I make a complaint about mistreatment?

If you have been mistreated during your detention, whether it was at the hands of fellow

inmates or at the hands of a prison guard, please notify a Consular Representative or the

High Commission as soon as you can.

Upon receiving your report of mistreatment, we aim to visit you as soon as we possibly can.

During this visit, provide us with full information of the incident (including dates, times,

location) and information on how you have been mistreated. Inform us of any signs of

physical injuries and non-physical injuries.

With your permission, we will request an official investigation to be conducted by the Prison

Director into your report of mistreatment. We will provide you with update on the outcome of

the prison authorities’ investigation.

Where possible we can request for you to be moved to a different block or detention facility.

You may also want to consider seeking legal advice.

The Malaysian Judicial System

There are two types of trials in Malaysia; the civil and the criminal. The hierarchy of courts

begin at Magistrates’ Court, Sessions Court, High Court, Court of Appeal, and Federal Court.

The courts in Malaysia are presided over by magistrates or judges.

Malaysia also has a parallel system of Syariah Court, which has some jurisdictions over

matters of Islamic law, and are only applicable matters involving Muslims.

The High Commission cannot interfere with the Malaysian Judicial system. We cannot ask

for your case to be judged quickly or ask the authorities to waive any penalties. Below you

will find more information about the Malaysian judicial system.

Is the system the same as the UK?

Generally, the Malaysian Criminal Procedure Code (CPC) is applicable to any criminal

arrests. When there is no specific provision made by this Code or by any other law and

legislations, the English criminal procedures shall be applicable so far as the same rules do

not conflict or are consistent with the CPC.

What should happen when I am arrested?

An arrest occurs when a police officer informs you that:

(a) he is arresting you; or

(b) he will be using force to stop you if you try to escape.

The police officer must identify himself by showing his authority card to you when arresting

you. If the police officer is in plain clothes, he must state his authority very clearly.

When effecting arrest, the police must inform you of the grounds or reasons for your arrest. It

could be classed as an unlawful arrest if you are not informed of the reasons.

However, when a police officer stops a person only to make enquiries, it does not amount to

an arrest. The police officer cannot compel you to answer any question but you may willingly

give information.

After you are arrested, the police officer must inform you of your right to remain silent. If the

police officer does not do so, any statement made by you cannot be used as evidence in

court.

The Police may ask you to make a statement, and sign it as correct. All statements must be

read back to you, in the language you understand. You must be satisfied the statement that

you have given is recorded accurately. If you are not satisfied it is recorded accurately, or it

has not been adequately translated to you, you should ask for a full translation before you

sign it, making any corrections. It is also very important that the statement is made

voluntarily. Any statement taken under inducement, threat or promise is not admissible in

court.

What are my rights as an arrested person?

Under Section 28A of the Criminal Procedure Code, you have to right to be informed of the

grounds of your arrest, to communicate or attempt to communicate with your family or friend

to inform of your whereabouts, to consult or appoint a lawyer, and to defer any questioning

or recording of statements by the police until you consult with a lawyer.

For how long can I be remanded in custody?

After you are arrested, the police must produce you before a Magistrate within 24 hours. The

police must do so without any unnecessary delay. If you are arrested on a public holiday,

you will be taken before a Magistrate on the next working day. You will remain in police

custody until the police produces you before a Magistrate. You can request to be

represented by a lawyer during the remand hearing.

A Magistrate is a judicial officer. The Magistrate has the power to decide whether you should

be further remanded and remain in police custody for more than 24 hours. The remand

period gives more time to the Police to complete their investigations and decide whether

there is evidence to charge you for an offence. The Police cannot ask for a Remand Order

from the Magistrates only for the purpose of taking a statement from you.

The police must satisfy the Magistrate that the remand is necessary. The police must show

that:

(a) their investigation cannot be completed; and

(b) there are reasons for believing that the accusation or information against you are well

founded.

The Magistrate has the jurisdiction to grant the Remand Order as the Magistrate thinks fit for

a term not exceeding 14 days in the whole (inclusive of the day of arrest). The Magistrate

authorising the detention would have to record his reasons for doing so. Within that period,

you must be charged with an offence. Otherwise, you must be released.

In serious cases however, there are provisions where remand can be extended while the

investigation is carried out. There are offences where bail is not applicable (for example,

offences with mandatory death penalty) and therefore the remand period would be extended

as required.

What happens at the end of the remand period?

At the end of the remand period, there are 3 possible outcomes:

(a) you could be released by the police unconditionally;

(b) you could be released on police bail. You will be required to report to the police at a

given date. Warrant of arrest may be issued if you fail to report to the police on the

stipulated date;

(c) Charged in court.

What happens when I am charged?

Depending on the offence, you would either be eligible to apply for bail whilst awaiting trial or

you would be transferred to a remand prison, whilst you await your next court appearance. If

you are remanded in prison, a Consular Representative will visit you to check on your

welfare and to pass any messages you may have from your family or friends. You may want

to engage with a lawyer, who can provide legal advice on your case.

What provision is there for bail?

Criminal offences and bail:

For the purpose of bail, criminal offences can be categorised into 3 types:

(a) where bail is granted as of right, i.e. as a matter of course (offences eligible for bail)

(b) where bail is granted at the discretion of the court (offences not eligible for bail)

(c) where bail cannot be granted at all, for example, some dangerous drugs or firearms

offences (offences not eligible for bail)

Bailor and the bail bond:

The court will impose a reasonable sum of money as security to ensure that you appear on

the next date. The amount depends on the seriousness of the offence.

Before the court makes a decision, you (or your lawyer) and the prosecuting officer may put

forward the arguments on the amount to be imposed.

In practice, after the bail is granted, your lawyer must alert you to have a bailor on standby.

A bailor is a person who is willing to furnish the security for your release. You may ask a

family member or a friend to be your bailor. Bailors can deposit some security in the form of

fixed deposit receipts, savings passbooks or even land title deeds. The court may require 2

Malaysians, aged between 21 years and 60 years old, to pose as sureties.

Bail for serious offences:

For serious offences, the court may impose certain conditions for bail to prevent you from

leaving Malaysia without permission, for example:

(a) Impounding (retaining) of your passport.

(b) Requiring you to report to the nearest police station once a week.

What kind of legal assistance is available?

At the remand proceedings, you have the right to appoint lawyer to represent you. The Magistrate must allow this unless the police can satisfy the Magistrate that it would interfere with police investigation.

A list of English-speaking local lawyers can be found in Annex 1.

What happens at the trial?

Depending on your offence, the court may set dates for case management hearings where

you and your lawyer, if one was appointed, are required to attend. Some courts in Malaysia

conduct proceedings in Bahasa Malaysia (Malay Language) and some may conduct

proceedings in English. You can request for interpreters.

Consular Representatives do not usually attend court, nor are we able to provide you with

legal advice. We may consider attending court for certain cases, to support you or your

family. This is on case-by-case basis.

If you do not appear in court when you are instructed to, a warrant of arrest will be issued

against you.

At the same time, the court may issue a “notice to show cause” to the bailor. The court will

fix a hearing date for the bailor to come to court. If the court does not accept the bailor’s

explanation, the security bond will be forfeited.

Sentences

If you are found guilty, the court may impose a fine or may sentence you to a period of

imprisonment, or both. The amount of fine imposed or the length of your imprisonment

sentence would depend on your offence. Some offences in Malaysia may also include the

corporal punishment of strokes of whipping.

It is at the discretion of courts whether or not to impose the maximum sentence for your

offence.

Malaysia imposes mandatory death penalty for serious offences including drug trafficking,

murder, or firearm offences, if found guilty of these offences.

How can appeals be made?

If you are found guilty of an offence, you can file an appeal with the courts. It is advisable to

seek legal advice on this process and discuss with your lawyer on your options.

When you file an appeal, your case will first be heard at the Court of Appeal. The Court of

Appeal will consider your case and the evidence that was presented during your trial.

If the Court of Appeal decides to uphold your conviction, you then have another opportunity

to appeal through the Federal Court. A panel of five judges will sit and consider your case.

There are a number of possible outcomes of the appeals process:

(a) The courts may decide that you were wrongfully convicted and acquit you of your

charge(s)

(b) The courts may to convict you of a lesser charge, and may reduce your sentence

(c) The courts may uphold the original decision and uphold your conviction

If the decision is maintained at Federal Court, then the formal judicial process will be

exhausted. The only other option open to you is to seek clemency from the highest state

official. The power to grant clemency is given to the King (“Yang di-Pertuan Agong) for

offences committed in the Federal Territories, Malacca, Penang, Sabah and Sarawak. For

the remaining states in Malaysia, the power to grant clemency is given to the Ruler of the

State (“Yang d-Pertua Negeri”) for offences committed in these states. The members sitting

in the Pardons Board are the Attorney-General, Chief Ministers of the State and not more

than 3 members who are appointed by the King or the Ruler of the State. Under the Prison

Regulations 2000, the Prison Director has a responsibility to support you in making a

clemency application.

If you are acquitted of an offence, the prosecutor can also file an appeal with the courts. The

Court of Appeal may remand an acquitted person who is a foreigner pending disposal of the

Prosecution’s appeal.

Remedies for wrongful arrest & detention:

You have a right to defend yourself or your property to resist an unlawful arrest.

You may bring a civil action for damages if you were wrongfully arrested. However, if there is

a genuine and reasonable mistake in the unlawful arrest, the damages may not be granted.

A writ of habeas corpus may be applied to the High Court for an order to release you if you

were illegally or improperly detained.

If a person is killed in events leading to or during an arrest or to be kept in lawful custody, the

Ministry of Finance may order payment out of the Consolidated Fund to the spouse, parents

or children of the deceased for the loss sustained.

What provision is there for reduction of sentence (remission) e.g. for good behaviour?

With a view to encouraging good conduct, you are entitled to be granted remission as follows: (a) If you are sentenced with a term of imprisonment exceeding one month, you may be

granted as remission one-third of your sentence. (b) If you are sentenced with a term of imprisonment of one month or less, you will not

be granted remission. For your benefit under this provision it is important that your conduct, whilst in prison, is good.

What provision is there for early release e.g. on parole?

Parole can be considered, with a view of encouraging good conduct and to facilitate

reformative treatment. The Parole Board, which consists of prison officers, prison welfare

offices and the general public, will consider parole applications based on the prisoner’s

eligibility and good behaviour. However, only some of the offences committed can be eligible

for parole. Offences that would not qualify for parole include drug offences and firearm

offences.

What provision is there for clemency or pardon?

You may seek clemency or pardon if you have exhausted all formal judicial process of

appealing against your conviction. Application for clemency or pardon will be considered by

the highest state official of the state where your conviction was handed down. The power to

grant clemency is given to the King (“Yang di-Pertuan Agong) for offences committed in the

Federal Territories, Malacca, Penang, Sabah and Sarawak. For the remaining states in

Malaysia, the power to grant clemency is given to the Ruler of the State (“Yang d-Pertua

Negeri”) for offences committed in these states. The members sitting in the Pardons Board

are the Attorney-General, Chief Ministers of the State and not more than 3 members who

are appointed by the King or by the Ruler of the State. Under the Prison Regulations 2000,

the Prison Director has a responsibility to support you in making a clemency application.

If you are convicted of an offence which carries the death penalty, and if you have exhausted

all formal judicial process of appealing against your conviction, you may be able to seek

clemency against the death penalty. If successful, the state official or Pardon Board could

consider commuting your death penalty to an imprisonment sentence instead. This is on

case-by-case basis, and is at the discretion of the state official.

What about any financial penalties?

If you are found guilty, the court may impose a fine or may sentence you to a period of

imprisonment, or both. The amount of fine imposed would depend on your offence. Fines

must be paid to the court where your case was heard.

It is at the discretion of courts whether or not to impose the maximum fine for your offence.

Is transfer to another prison within Malaysia possible?

The Director General may remove or transfer prisoners confined in a prison to any other

prison in Malaysia.

A prisoner under the death sentence which the Yang di-Pertuan Agong, Ruler or Yang di-

Pertua Negeri has ordered to be carried out may, by order of the Director General, be

transferred to any other prison, to undergo his sentence.

You can make a request to transfer to another prison within Malaysia with the prison

authorities; however this is on case-by-case basis and is at the discretion of the prisons.

Is transfer to the UK a possibility?

No. There is currently no Prisoner Transfer Agreement between the UK and Malaysia.

What are the procedures for release and deportation?

Upon the completion of your custodial prison sentence, you may be transferred to the care of

Malaysian Immigration Department. If you are moved into an immigration deportation camp,

your exit papers will be processed and you will be deported out of Malaysia.

Malaysian Immigration Department has explicitly specified that convicted offenders must be

deported to the country of origin, which is the United Kingdom.

Malaysian Immigration Department has also specified that the costs of your flight to the UK

and any additional costs (for example, issuance of emergency travel document) must be

borne by you or by your family.

In some cases, Malaysian Immigration Department may also impose a blacklist record upon

you, which could prohibit you from re-entering Malaysia. The blacklist period could be up to 5

years.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British

citizens imprisoned overseas. It is the only UK charity providing this service and it is

available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is

concerned with your health and welfare, both during your imprisonment and also on your

return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order

to access any services, prisoners must first register with Prisoners Abroad by signing and

returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be

your point of contact for advice and information. The type of assistance they can offer will

vary from country to country, but generally they can provide you with information, in English,

on:

your rights as a prisoner and issues that may affect you such as health or transfer to

the UK

obtaining magazines, newspapers, books and the regular Prisoners Abroad

newsletter

writing to a pen pal

learning the language of your country of imprisonment

translation of documents

grants for food if you are in a developing country and don’t have funds from other

sources

grants for essential medicines and toiletries if you don’t have funds from other

sources

preparing for release

help for your loved ones, including information, family support groups and assistance

with the cost of visiting

Prisoners Abroad

89 – 93 Fonthill Road

London N4 3JH

UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172

0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected]

Website: www.prisonersabroad.org.uk

mailto:[email protected]

http://www.prisonersabroad.org.uk/

Annexes

Annex 1: List of English-Speaking Lawyers

www.gov.uk

The following list of lawyers has been prepared by the British High Commission Kuala Lumpur for the

convenience of British Nationals who may require legal advice and assistance in Malaysia. It is

provided on the understanding that we (the British Embassy/Consulate) do not assume or undertake

any legal responsibility, to you, or those affected, if you choose to take it into account when instructing

a local lawyer.

Further and alternatively, we cannot accept any liability to any person or company for any financial

loss or damage arising from the use of this information or from any failure to give information.

Our aim is to provide our customers with as much relevant information to enable them to make better informed

decisions but our lists are not recommendations and should not be treated as such.

List of Lawyers in Malaysia

Prepared by British High Commission Kuala Lumpur

http://www.gov.uk/

Advocates and solicitors in Malaysia must be members of either:

The Malaysian Bar (for law firms based in Peninsular Malaysia);

The Sabah Law Association (for law firms based in the state of Sabah); or

The Advocates’ Association of Sarawak (for law firms based in the State of Sarawak).

The Bar Council is an independent Bar whose aim is to uphold the rule of law and the cause of justice

and protect the interest of the legal profession as well as that of the public.

Advocates and solicitors in law firms in Peninsular Malaysia are able to represent an individual or

organisation in the courts in Peninsular Malaysia, but they are restricted from appearing in the courts

in Sabah and Sarawak. For legal matters in the courts in Sabah or Sarawak, it is recommended that

you either appoint a law firm situated in those states, or ensure that any lawyer from Peninsular

Malaysia who represents you has a right of audience in the courts in Sabah or Sarawak (as the case

may be).

BAR COUNCIL MALAYSIA

No. 13, 15 & 17

Leboh Pasar Besar

50050 Kuala Lumpur

Tel: (03) 2050 2050

Fax: (03) 2026 1313


SABAH LAW ASSOCIATION

2ND

Floor, 58 Jalan Pantai

Hainan Association Building

88000, Kota Kinabalu,

Sabah

Tel: (88) 232662

Fax: (88) 232264


THE ADVOCATES ASSOCIATION OF SARAWAK The Bar Room Kompleks Mahkamah Jalan Gersik, Petra Jaya, 93050 Kuching, Sarawak Tel: (82) 448 077 Fax: (88) 449427 Email: [email protected]

http://www.malaysianbar.org.my/




List of lawyers in Malaysia Updated: May 2017

This list is in alphabetical order.

Allen Gledhill & Ball No 4 Lorong Gereja, 75000 Melaka Email: [email protected] Tel No: +606 282 2999, +606 282 2019 Fax No: +606 283 2340

This company has told us the following things:

they have English speaking staff

they are affiliated to the Malaysian Bar Council

specialisations are in conveyancing/land law, intellectual property, wills, trusts and the administration of probate, personal data protection law

they have experience of representing British nationals

they can provide legal aid to British nationals, subject to meeting certain requirements

they can provide watching briefs

staff speak Mandarin, Hokkien, Cantonese, Teo Chew, Bahasa Malaysia, Bahasa Indonesia

they cover Peninsular Malaysia (particularly Kuala Lumpur, Petaling Jaya, Negeri Sembilan, Melaka and Johor)

they can to take instructions by email, conference call or by phone

Amer Bon Advocates C-4-3A-13A Solaris Dutamas, No. 1 Jalan Dutamas 1, 50480 Kuala Lumpur Website: http://www.amerbon.com Tel No: +603 6211 7272 Fax No: +603 6211 7274 This company has told us the following things:



specialisations are in defamation, matrimonial, personal injury, international and employment law


they can provide legal aid to British nationals, if the client qualifies for pro bono assistance based on their criteria

they have worked with the Death Penalty Project on cases with mandatory death penalty


staff speak Mandarin, Cantonese, Bahasa Malaysia and Tamil

they cover Peninsular Malaysia

they can take instructions by email


http://www.amerbon.com/

Anad & Noraini Advocates & Solicitors 12.01-12.09, Level 12, The Heritage House, 33 Jalan Yap Ah Shak 50300 Kuala Lumpur Email: [email protected]

Tel: +603 2691 8000 Fax: +603 2691 2111 This company has told us the following things:


they are affiliated to the International Lawyers’ Network

specialisations are in litigation, conveyancing, bank loans, patents and corporate matters.


they provide legal aid, but not for criminal case. They offer pro bono assistance based on a list of criteria


staff speak Bahasa Malaysia, and Mandarin


They can to take instructions by email, or by phone

Aris Rizal Christopher Fernando & Co Suite 9, 2

nd Floor,

Seremban City Centre, Jalan Tuanku Munawir, 70000 Seremban, Negeri Sembilan Email: [email protected] Tel No: +606 763 3533 Fax No: +606 763 9822 This company has told us the following things:



specialisations are in contract, tort, land law, conveyancing, and criminal

they do not have experience of representing British nationals, but have provided legal advice to British Nationals in the past


staff speak Bahasa Malaysia


they can to take instructions by email or fax

Battenberg & Talma, Advocates No. 4, 1

st Floor,

Song Thian Cheok Road, 93100 Kuching, Sarawak Email: [email protected] Tel: +6082 253 277, +6082 428 882 Fax: +6082 420 430






they are affiliated to Advocates Association of Sarawak

specialisations are in negligence and torturous actions.


they can provide legal aid to British Nationals, subject to the provisions of the advocates Ordinance Sarawak 1953


staff speak Bahasa Malaysia and Chinese

they cover East Malaysia

They can to take instructions by email, fax, or in person

Fahri & Co Advocates & Associates No. 15-2, Jalan PJU 7/16A, Mutiara Damansara, 47800 Petaling Jaya, Selangor Website: www.fahri-co.com Email: [email protected] Tel: +603 7733 0055 Fax: +603 7733 0099 This company has told us the following things:



specialisations are in civil and criminal cases (including drug trafficking, murder, manslaughter), estate administration and management, tort, breach of contract, employment and property transactions



staff speak Bahasa Malaysia and Mandarin


They can to take instructions by email, video communication, conference call

Gibbs & Co Associates & Solicitors, Notary Public 55 Leboh Pearl, Taman Pearl, 31400 Fair Park, Ipoh, Perak Website: http://www.gibblawyers.com/ Email: [email protected]

Tel: +605 547 1313 Fax: +605 548 1313 Unit 11-9, Tower A, Vertical Business Suite Avenue 3 Bangsar South, No. 8 Jalan Kerinchi, 59200 Kuala Lumpur Tel: +603 2856 9771, +603 2856 9772

http://www.fahri-co.com/


http://www.gibblawyers.com/




they are affiliated to the Social Security Board Malaysia (SOCSO) and Sabak Bernam (Selangor) Minicipal Council

specialisations are in criminal cases, family law, estates & trusts, employment, and banking & finance


they provide legal aid, and they offer pro bono assistance based on a list of criteria


staff speak Bahasa Malaysia, Mandarin, Cantonese, Hokkien, and Tamil

they cover Peninsular Malaysia, the Federal Territory of Labuan, Sabah, and Sarawak

They can to take instructions by email, or by phone

K C Wong & Associates Advocates No 7, 1

st Floor,

Jalan Petanak, 93100 Kuching, Sarawak Email: [email protected] Tel No: +6082 412 368, +6082 412 386 Fax No: +6082 413 719 This company has told us the following things:


they are affiliated to Advocates Association of Sarawak

specialisations are in criminal litigation, matrimonial and contract


they can provide legal aid to British nationals, if request


staff speak Bahasa Malaysia and Mandarin

they cover Sarawak, in particular Kuching

they can take instructions by email, conference call or by phone

Karpal Singh & Co No 67 Jalan Pudu Lama, 50200 Kuala Lumpur Email: [email protected] Tel No: +603 2070 3839 Fax No: +603 2070 6100 This company has told us the following things:



specialisations are in criminal, civil, commercial and industrial litigation


they can provide legal aid to British nationals


staff speak Bahasa Malaysia, Tamil and Chinese dialects

they cover Peninsular Malaysia and have a local branch in Penang

they can take instructions by email, fax, or in person



Kit & Associates, Advocates & Solicitors Suite 195-1, Sri Wangsaria, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur Email: [email protected] Website: http://kit.com.my Tel No: +603 2093 0168 Fax No: +603 2093 1168 This company has told us the following things:


they are affiliated to the Malaysian Bar Council and is a member of the National Criminal Law Committee. Mr Kitson Foong is also the Co-Chairperson of the Common Bar Course Committee and a qualified Advocacy trainer to both the Attorney-General’s Office and the Bar Council.

specialisations are in criminal litigation, in particular defending persons accused of a crime and providing advice to victims of crime.


they can provide legal aid to British nationals


staff speak Mandarin, Cantonese, Hokkien, Hakka and Bahasa Malaysia


they can take instructions by email

Lawrence Hisham & Co A-12-15, UOA Bangsar, No. 5 Jalan Bangsar Utama 1, 59100 Kuala Lumpur Email: [email protected], [email protected]

Tel: +603 2282 8608, +603 2282 8609 Fax: +603 2282 8616 This company has told us the following things:


they are affiliated to Malaysian Bar Council

specialisations are in criminal law, civil litigation, corporate, banking.


they provide legal aid, including pro-bono work


staff speak Bahasa Malaysia, Tamil, Chinese


they can take instructions by email, in person, or by phone

Lee Kean Wooi & Co, Advocate & Solicitors 54-3-8, Wisma Sri Mata, Jalan Van Praagh (Off Jalan Perak), 11600 Georgetown, Penang Email: [email protected]


http://kit.com.my/




Tel No: +604 2827 698 Fax No: +604 2827 699 This company has told us the following things:



specialisations are in criminal litigation; however they offer services in civil litigation, wills, trusts and administration of probate.


they can’t provide legal aid


staff speak Bahasa Malaysia and Chinese (Mandarin, Hokkien and Cantonese)

they cover only Penang


Presgrave & Matthews Advocates & Solicitors Standard Chartered Bank Chambers, 1

st Floor, No.2 Beach Street,

10300 Penang Email: [email protected] Tel No: +604 262 6155 Fax No: +604 262 6160 This company has told us the following things:



specialisations are in civil litigation, tax litigation, and property conveyancing




staff speak Mandarin, Hokkien, Cantonese, Teo Chew, Bahasa Malaysia, Bahasa Indonesia and Tamil


they can take instructions by email, conference call, or by phone

Rajpal S & Associates No 42-1A 1

st Floor,

Jalan Medan Batu Caves 1, 68100 Batu Caves, Selangor Email: [email protected] Tel No: +603 6186 8653 Fax No: +603 6186 8654 This company has told us the following things:



specialisations are in contract, family law, revenue, and land law.







they cover Peninsular Malaysia (predominately in the states of Selangor, Johor, Penang, Negeri Sembilan, Perak, Melaka, and Kuala Lumpur)


Rakhbir Singh & Co Kota Kinabalu Office, KKTimes Square, Off Coastal Highway, 88100 Kota Kinabalu, Sabah Email: [email protected] Tel No: +6088 486 332, +6088 486 333 Fax No: +6088 486 331 This company has told us the following things:



specialisations are in litigation





they cover Sabah


Shearn Delamore & Co 7

th Floor Wisma Hamzah Kwong Hing,

No 1 Leboh Ampang, 50100 Kuala Lumpur Email: [email protected] Tel No: +603 2027 2727 Fax No: +603 2078 5625 Suite 15-1, Menara Penang Garden 42A Jalan Sultan Ahmad Shah, 10050, Penang Tel No: +604 226 7062 Fax No: +604 227 5166 This company has told us the following things:



specialisations are in employment, immigration, regulatory compliance & enforcement, tax and revenue




staff speak Mandarin, Hokkien, Cantonese, Bahasa Malaysia, various Indian dialects





Messrs Shook Lin & Bok 20

th Floor, AmBank Group Building,

55 Jalan Raja Chulan, 50200 Kuala Lumpur Website: http://shooklin.com.my/ Email: [email protected] Tel No: +603 2031 1788 Fax No: +603 2031 1775, +603 2031 1778, +603 2031 1779 This company has told us the following things:



specialisations are in banking & finance, corporate, family, probate & trusts, labour & industrial disputes


they can’t provide legal aid, however they offer pro bono assistance based on a list of criteria


staff speak Bahasa Malaysia, Mandarin, Cantonese, and Tamil

they cover Peninsular Malaysia and the Federal Territory of Labuan

they can take instructions by email or by phone

Messrs. Sivananthan, Advocates & Solicitors Suite No.1, L17-01, PJX Tower, No. 16A Persiaran Barat, 46050 Petaling Jaya, Selangor Website: www.malaysiancriminal.lawyer Email: [email protected] Tel No: +603 7491 8055 Fax No: +603 7491 9055 This company has told us the following things:


they are affiliated to Malaysian Bar Council, some have and still serve in the State Bar Committees. Additionally the Senior Partner is admitted to the Singapore Supreme Court and is a counsel of the International Criminal Court.

specialisations are in criminal law

they have experience of representing British nationals, including those charged with drug trafficking offences



staff speak Bahasa Malaysia, Tamil, Cantonese, Mandarin, Hokkien, Urdu and Hindi.


They can take instructions by email, conference call, in person, or by phone

Tan Hock Chuan & Co Suite 812, 8

th Floor,

Block F, Pusat Dagangan Phileo Damansara, No 9 Jalan 16/11, Off Jalan Damansara,

http://shooklin.com.my/


http://www.malaysiancriminal.lawyer/


46350 Petaling Jaya, Selangor Email: [email protected] Tel No: +603 7957 9143 Fax No: +603 7957 6143 This company has told us the following things:



specialisations are in criminal law and dispute resolution



they can provide watching brief

staff speak Mandarin, Cantonese, Bahasa Malaysia

they cover Kuala Lumpur and the Klang valley

they can take instructions by email, conference call, or by phone, however prefer to take the initial instructions in person.

Viknes & Co 1-5-10, Tingkat 5 Blok C, Jalan Semarak Api (1/50), Diamond Square, Off Jalan Gombak, 53000 Kuala Lumpur Email: [email protected] Tel No: +603 4025 4460 Fax No: +603 4025 4460 This company has told us the following things:



specialisations are in criminal matters, including dangerous drugs, murder under section 302 Penal Code and Sections 3 or 3A of the Firearms Increased Penalty Act 1971. Civil law including accident, theft, inheritance, divorce and all civil litigations. They do not cover Syariah law.







Yazid Baba & Partners, Advocates & Solicitors and Notary Public No 19-2 Jalan Setiawangsa 8, Taman Setiawangsa, 54200 Kuala Lumpur Email: [email protected] Tel No: +603 4253 2308 (Conveyancing), +603 4253 2306 (Corporate) Fax No: +603 4253 2309 This company has told us the following things:





specialisations are in family and estate (divorce, custody, estate planning, will & probate)





they cover Peninsular Malaysia (particularly Kuala Lumpur, Petaling Jaya, Negeri Sembilan, Melaka and Johor)


YN Foo & Partners H-2-12 Block H, Plaza Damas, Jalan Sri Hartamas 1, 50480, Kuala Lumpur Email: [email protected] Tel No: +603 6203 2848 Fax No: +603 6203 2847 This company has told us the following things:



specialisations are in family law, adoption, child custody, child/spousal support, divorce, property division, relocatory removal from jurisdiction




staff speak Mandarin, Bahasa Malaysia and Tamil



Zul Rafique & Partners D3-3-8 Solaris Dutamas, No 1 Jalan Dutamas 1, 50480 Kuala Lumpur Email: [email protected] Tel No: +603 6209 8228 Fax No: +603 6209 8331 This company has told us the following things:



specialisations are in dispute resolution practice


they can provide legal aid to British nationals, but only for civil cases


staff speak Bahasa Malaysia, Mandarin and other local and Indian dialects.





Annex 2: List of Private Translators/Interpreters

List of translators and interpreters in

Malaysia

Prepared by British High Commission Kuala Lumpur

www.gov.uk

The following list of translators and interpreters has been prepared by the British High Commission Kuala Lumpur

for the convenience of British Nationals who may require these services and assistance in Malaysia. It is provided

on the understanding that we (the British High Commission) do not assume or undertake any legal responsibility,

to you, or those affected, if you choose to take it into account when instructing a local translator or interpreter.

Further and alternatively, we cannot accept any liability to any person or company for any financial loss or

damage arising from the use of this information or from any failure to give information

Our aim is to provide our customers with as much relevant information to enable them to make better informed

decisions but our lists are not recommendations and should not be treated as such.

http://www.gov.uk/

List of translators and interpreters in Malaysia

Updated: December 2015

This list is in alphabetical order.

B Lingo Communications Sdn Bhd 6

th Floor, A2-6-2 Plaza Sentral

Jalan Stesen Sentral 5 50470 Kuala Lumpur Tel: +603 2261 4582 Tel: +603 2035 6977 Email: [email protected] Website: http://b-lingo.com/ This company has told us the following things:

specialisations are in translations of official documents and interpretations

they have experience representing British nationals

staff speak multiple languages, including English

they cover the whole of Malaysia, including Sarawak and Sabah.

Institut Terjemahan & Buku Negara Wisma ITBM No 2 Jalan 2/27E Seksyen 10 Wangsa Maju 53300 Kuala Lumpur Tel:+603 4145 1800 Fax: +603 4149 1535 Email: [email protected] Website: http://www.itbm.com.my/ This company has told us the following things:

they are affiliated to the Malaysian Ministry of Education

specialisations are in translation, interpretation, editing, training, and subtitling

they may have experience of representing British nationals


they cover the whole of Malaysia, including Sarawak and Sabah

Lyric Labs Sdn Bhd Wisma Leopad 9 Jalan Tun Sambantham Kuala Lumpur Tel:+603 2274 1151 Email: [email protected] Website: www.lyriclabs.com.my This company has told us the following things:

specialisations are in translation, interpretation, typesetting, subtitling

they may have experience of representing British nationals


they cover the whole of Malaysia, including Sarawak and Sabah


http://b-lingo.com/

http://www.itnm.com.my/


http://www.itbm.com.my/

http://lyriclabs.com.my/




http://www.lyriclabs.com.my/

Annex 3: FCO leaflet: In prison abroad

The leaflet “In prison abroad” is available and can be provided separately.

Annex 4: Prisoners Abroad authorisation form

Annex 5: Prisoners Abroad family contact form

Annex 6: Prisoners Abroad CFF form

Annex 7: Fair Trials International questionnaire and leaflets

Annex 8: Death Penalty Project

Death Penalty Project is a non-governmental organisation (NGO) that works to promote

and protect the human rights of those facing the death penalty.

Their main objectives are to:

(a) Provide fee and effective legal representation and assistance to those individuals

who are facing the death penalty.

(b) Promote the restriction of the death penalty in line with international minimum legal

requirements.

(c) Uphold and develop human rights standards and the criminal law.

(d) Promote increased awareness and greater dialogue with key stakeholders on the

death penalty.

Death Penalty Project can be contacted through the British High Commission or directly at:

Address: 8/9 Frith Street

Soho

London

W1D 3JB

United Kingdom

Telephone: (+44) 203 206 2748

Fax: (+44) 203 206 2848


Website: http://www.deathpenaltyproject.org


http://www.deathpenaltyproject.org/

Disclaimer

This booklet was compiled by the Consular Section, British High Commission Malaysia. It is

revised on a regular basis.

If any of the information contained in this booklet is incorrect, please draw inaccuracies to

our attention so that we can make amendments.

The British High Commission Malaysia is not accountable for the information provided in this

booklet. Local proceedings are subject to change at any time.

Thank you.

22 May 2017

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