Malaysia Proposes Prison Act Amendment to Protect Officers Acting in Good Faith

Malaysia's Home Ministry is proposing amendments to the Prisons Act, stating the changes are intended to protect prison officers who act in good faith while performing their duties. Minister Datuk Seri Saifuddin Nasution Ismail clarified that the amendments are not an attempt to grant legal immunity to officers. Instead, they aim to shield officers from potential lawsuits when they diligently follow procedures, even if unforeseen circumstances arise. He emphasized that officers remain accountable for negligence or violations of standard operating procedures. The Ministry decided to postpone the tabling of the Prisons (Amendment) Bill 2026 for further review by a Parliamentary Special Select Committee. Saifuddin explained that some officers have faced lawsuits despite carrying out court orders or acting according to established procedures. He cited examples of a prison director being sued after supervising a caning sentence that proceeded correctly, and another case where an inmate died in custody due to natural causes, yet officers still faced legal action. The Minister believes these situations warrant amending the Prisons Act to protect officers acting conscientiously. He reiterated that the intention is not to seek immunity, as internal and legal actions still occur if misconduct is found, referencing investigations by SUHAKAM and the police. The Ministry will continue engagement sessions with stakeholders to ensure a clear understanding of the amendment's objectives before it is re-tabled in Parliament.

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The amendment to the Prisons Act, when a prison officer acts in good faith, the amendment proposes that there be an element of protection. That word needs further clarification because the general assumption, non-governmental organizations (NGOs) including members of the Dewan, consider this an effort by the Prisons Department to gain legal immunity.