Malaysia legislation
Section 97
Section 97
(2)
In lieu of a sentence of death, the Court shall order a person convicted of an offence to be detained in a prison during the pleasure of—
(a)
the Yang di-Pertuan Agong if the offence was committed in the Federal Territory of Kuala Lumpur or the Federal
Territory of Labuan; or
Act 611
WJW22/0178 BI.indd 108 04/08/2023 3:33 PM
Child 109
(b)
the Ruler or the Yang di-Pertua Negeri, if the offence was committed in the State.
(3)
If the Court makes an order under subsection (2), that person shall, notwithstanding anything in this Act—
(a)
be liable to be detained in such prison and under such conditions as the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri may direct; and
(b)
while so detained, be deemed to be in lawful custody.
(4)
If a person is ordered to be detained at a prison under subsection (2), the Board of Visiting Justices for that prison—
(a)
shall review that person’s case at least once a year; and
(b)
may recommend to the Yang di-Pertuan Agong or the
Ruler or the Yang di-Pertua Negeri on the early release or further detention of that person, and the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri may thereupon order him to be released or further detained, as the case may be.
Chapter 3a
COMMUNITY SERVICE ORDER
Community service order