Malaysia legislation

Section 46F

of *PRISON ACT 1995

Section 46F

In deciding whether or not to release a prisoner on parole, the

(a)

shall examine and evaluate the parole dossiers received from a prison officer in respect of such prisoner and any other report prepared by any prison officer in relation to an application for release on parole of such prisoner; and

(b)

shall have regard to the following matters:

(i)

the need to protect the safety of the community;

(ii)

the need to maintain public confidence in the administration of justice;

(iii)

the nature and circumstances of the offence to which the sentence of the prisoner relates;

(iv)

the prisoner’s criminal record;

40 Laws of Malaysia ACT 537

(v)

the risk of the prisoner re-offending if he is released on parole;

(vi)

the likelihood of the prisoner being able to adapt to normal community life;

(vii)

the likely effect on the victim of the prisoner and the victim’s family, if the prisoner is released on parole;

(viii)

in the case of a foreign prisoner, the availability of parole system or other similar system in his country;

and

(ix)

such other matters as the Parole Board considers relevant.

Proceedings before Parole Board