Section 46E — PRISON ACT 1995

(2)

The Minister may by order published in the Gazette amend the

Fourth Schedule.

(3)

Subject to subsections (4), (5) and (6), a prisoner shall only be eligible to be considered for parole—

(a)

if he is sentenced to a minimum of one year imprisonment for any offence other than the offences prescribed in the

Fourth Schedule;

38 Laws of Malaysia ACT 537

(b)

subject to subsection (7), after he has served at least half of his term of imprisonment without taking into account the remission of sentence granted to him under section 44;

and

(c)

after he has undergone a rehabilitation programme approved by the Commissioner General while serving his sentence of imprisonment.

(4)

Where there is a charge for any offence, other than an offence prescribed in the Fourth Schedule, pending in any court against any prisoner, such prisoner shall be eligible to be considered for parole only after the final decision of such pending charge has been made.

(5)

Where there is an appeal relating to any offence, other than an offence prescribed in the Fourth Schedule, pending in any court in respect of any prisoner, such prisoner shall be eligible to be considered for parole only after the final decision of such pending appeal has been made.

(6)

Where a prisoner has the right to a pardon relating to any offence, other than an offence prescribed in the Fourth Schedule, such prisoner shall be eligible to be considered for parole—

(a)

only after his case has first been brought before a

Pardons Board, unless he is discharged upon pardon, reprieve or respite by the Yang di-Pertuan Agong or

Ruler or Yang di-Pertua Negeri of a State, as the case may be; or

(b)

subject to subsection (7), only after he has served at least half of his term of imprisonment without taking into account the remission of sentence granted to him under section 44, whichever is the later.

(7)

For the purposes of paragraphs (3)(b) and (6)(b)—

Prison 39

(a)

in relation to such term of imprisonment to be served concurrently, half of the term of imprisonment means half of the longest of such term of imprisonment to be served concurrently; and

(b)

in relation to such terms of imprisonment to be served consecutively, half of the term of imprisonment means half of the total of all of such terms of imprisonment to be served consecutively.

(8)

Notwithstanding that a prisoner has been granted remission of sentence under section 44, the eligibility of such prisoner to be considered for parole shall not be affected.

Matters for Parole Board to take into account before making

Parole Order