Malaysia legislation
Section 134
Section 134
(2)
Where any person serving a service sentence of imprisonment or detention becomes unlawfully at large during the currency of the sentence, then, in calculating the period for which he is liable to be imprisoned or detained in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day on which he became at large and ending with the day, on which, as a person having become unlawfully at large, he is taken into service custody or the custody of a civil authority or (not having been taken into such custody) returns to the place in which he was imprisoned or detained before he became unlawfully at large:
Provided that, if he satisfies such authority as may be specified in that behalf by or under Imprisonment and Detention Rules that during any time during the last-mentioned period he was—
(a)
in the custody of a civil authority; or
(b)
if and in so far as Imprisonment and Detention Rules so provide, in the custody of any service authority of any country outside the Federation as respects which arrangements have been made under section 139,
122 Laws of Malaysia ACT 77
the last-mentioned time shall not be disregarded in calculating the period for which he is liable to be imprisoned or detained in pursuance of the service sentence.
(3)
In the last foregoing subsection the expression “civil authority”
means a civil authority (whether of Malaysia or of any country outside
Malaysia) authorized by law to detain persons, and includes a police officer.
(4)
Without prejudice to subsection (2) where any person serving a service sentence of imprisonment or detention has, in accordance with Imprisonment and Detention Rules, been temporarily released on compassionate grounds, then, in calculating the period for which he is liable to imprisonment or detention in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day after that on which he is released and ending with the day on which he is required to return into custody.
(5)
A person who for any period is released as mentioned in the last foregoing subsection or who is otherwise allowed, in pursuance of
Imprisonment and Detention Rules, out of any detention barrack or otherwise out of service custody for any period or subject to any condition shall, on failure to return on the expiration of the period or to comply with the condition, be treated for the purpose of subsection (2) as being unlawfully at large.
(6)
A person serving a service sentence of imprisonment or detention in civil custody who, after being temporarily released under civil law, is at large at any time during the period for which he is liable to be imprisoned or detained in civil custody in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made in pursuance of civil law.
(7)
References in the last foregoing subsection to release or recall under civil law are references to release or recall in pursuance of the law of the country in which he is serving his sentence.
Armed Forces 123
Suspension of sentences