Guidance

Information for British nationals detained or imprisoned in Malaysia

Updated 10 August 2023

1. Chapter 1: Key points

1.1 Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This detention information pack is designed to give you, and your family and friends, information about the local system in Malaysia and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British High Commission (and must do so if you want them to)

• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British High Commission even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British Embassies, High Commissions and Consulates overseas.

The British High Commission in Kuala Lumpur
Level 27 Menara Binjai
2 Jalan Binjai
50450 Kuala Lumpur
Tel: 00 (603) 2170 2200

Website: https://www.gov.uk/government/world/malaysia

You can contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0) 20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Malaysia, notification by the authorities to the High Commission normally takes place several days or weeks after the arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters

• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication

• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities on mistreatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages

What we can’t do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

1.2 First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Malaysia.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local English-speaking lawyers and interpreters . You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

2. Chapter 2: Detention conditions in Malaysia

2.1 Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Malaysia for the latest information on safety and security, entry requirements and travel warnings.

You are generally allowed a 45 minute visit from friends and family, depending on which prison or detention facility you are held in. Visit regulations for family and friends visits may vary from prison to prison, or from one detention facility to another.

You may be allowed extra or longer visits for special or compassionate reasons (for example, distance) Requests for longer visits at a prison have to be make with the Prison Head Office before each visit. Requests for longer visits at a detention facility has to be made with the facility’s Records Office.

Many prisons ask for family visit requests to be made through the High Commission. Please let us know before travelling that you would like to visit and we will send the request. Note it can take a few days for a visit to be approved.

Frequency of visits allowed may vary at different stages of your trial/prison sentence, from prison to prison, or from one detention facility to another. We can enquire and clarify with the authorities, on your behalf.

What to expect when you visit

In most prisons, visits will be made in a communal meeting area separated by booths. The meeting will take place behind solid glass, with a telephone on each side to facilitate communication. The telephone connection is timed, and will automatically shut off without warning once the allocated time has lapsed. Depending on the prison, a prison guard may or may not be in the vicinity on either side during the interaction. On entering the prison you will be subject to security screening. Visitors will be required to bring ID.

What you can take on your visit

Visitors are allowed to bring reading materials for you, however these reading materials will be subjected to security checks by the authorities at the prison or detention facility.

Visitors are not permitted to bring in any food items and other articles from outside, unless otherwise authorised by the Records Office and it is subject to approval from the Prison Director.

2.2 Visits: consular staff

If you are detained or on remand we aim to visit you as required in order to monitor your welfare, with a possibility of more frequent visits in the immediate period after your arrest.

After sentencing, we aim to visit you once every 6 months, unless there are reasons to visit you more frequently.

We will offer to contact your family or next-of-kin to tell them the situation. With your consent, we can give them advice on prison procedures, regulations, your morale and how you are doing. We can also pass on any messages from you. You can write to us at any time on matters of concern.

You can write to us at any time on matters that concern you, but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf:

Vice Consul Level 27 Menara Binjai 2 Jalan Binjai 50450 Kuala Lumpur

Facilities for phone and video calls vary between prisons, we can enquire if a video or phone call can be arranged with family in the UK.

Emergency trips outside of prison

In the event of an urgent situation such as the funeral or critical illness of your next-of-kin, it may be possible to apply for a trip outside of prison under exceptional circumstances. This would apply only for certain categories of prisoners, and only for domestic journeys within Malaysia. Any decision on the matter will have to be cleared by the prison authorities in advance of the trip.

2.3 Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Investigation begins before a charge is brought against you, in order to determine if there is any or enough evidence, which can sustain the charge.

When the police are investigating a case and think you have information or knowledge about the case, the police may question you and take down your response (112 Statement). Most times, the police will make an informal request that you give a 112 Statement. Please seek legal advice if you have been asked to give a 112 Statement.

When giving a 112 Statement, you have the right to ask a lawyer to accompany you. You may refuse to answer any question or remain silent if the answer is likely to expose you to a criminal offence. Check your 112 Statement to ensure that the information recorded is as accurate as you have conveyed, before signing the Statement.

Any enforcement authority, with power of arrest, may search any property entered by the person sought to be arrested and may enter the property by force if refused entry.

You may be searched and any articles found, which are reasonably believed to be evidence of the crime may be confiscated, until your release. Any offensive weapon found on you may be seized.

If you are unable to give a reasonable account of your identity, the police and other enforcement authority may search you to ascertain your name and your address.

If you are arrested you should be informed of the reasons for arrest. The arresting officer will not always speak English. If you are not informed of the reason for arrest you should ask for the High Commission to be contacted. You can also ask to appoint a lawyer.

Appearance at court

If you are detained by the police for longer than 48 hours, you will be brought to court for an extension to police remand for up to 14 days. The police officer investigating your case will need to justify to the judge that they need to detain you longer for further investigation.

You will be required to speak when the police brings you to court to charge you for an offence. When the charge has been read out to you, you will be asked as to whether you understand the charge levied against you, and you are then required to enter into a plea of guilty or not guilty to the charge.

Some courts in Malaysia conduct proceedings in Bahasa Malaysia (Malay language) and some may conduct proceedings in English. You can request for interpreters.

You may find it helpful to have legal representation with you during your court attendances.

More information about the Malaysian judicial system can be found in Chapter 3.

Initial arrival at the prison

If you are sentenced to imprisonment or are remanded awaiting trial, you will be sent to a prison. When you arrive into prison, any personal items you have will be taken off you and kept safe. Your details will be entered in the system, and you will be given a unique body reference number. You will then be given a uniform.

You will not be allowed visitors until you have completed the initial quarantine on arrival. This is a standard procedure for all prisons to prevent the spread of disease, and you will generally be quarantined for 14 days.

2.4 Prison: conditions and daily life

Accommodation

You do not have the right to a single cell. Only prisoners who are sentenced with the death penalty have right to a single cell. Overcrowding is a problem in Malaysian prisons. Often you will be placed in a shared cell with others.

You may be given a mattress to sleep on the floor, although this may be unavailable in some prisons. There is usually a squat toilet in the cell itself.

Normally, unless otherwise specified by the prison authorities, you will be with the general population of the prison block. However, upon your return to court (for example, court hearings or trials), you will be placed in quarantine for up to 14 days. During this period, you will not be allowed any visitors and may have limited access to prison facilities. Once this period ends, you will return to your usual prison block.

If detained for Immigration offences, you may be detained in an immigration deportation centre or holding area. Conditions in these camps can be very basic and crowded.

Food and diet

You will be provided 3 meals a day. This is in line with the Prison Regulations 2000. A special diet, based on medical grounds, can only be approved when the prison medical officer has given his authority. The prisons have separate menu for vegetarians.

You are able to purchase additional meals from the prison canteen. The costs of the additional meals will be deducted from your prison account.

In some facilities, boiled drinking water is sent every day to the cells in large containers for the cell to share amongst themselves. Some facilities will only have water straight from the tap. Tap water in Malaysia is generally potable, but will have a strong chemical taste due to chlorination.

Hygiene

Bathing facilities are communal and located within your cell. All toilets in the cell will be squat toilets. Toiletries are not provided on arrival. However, you will be able to purchase toiletries at the prison shop with the funds in your prison account.

Work and study

Prisoners may work if certified fit by the Prison Medical Officer. The prison will determine the job or vocational training most suited for you, based on your sentences and interests, and the prison capacity and resources. If you wish to work and it is practical, safe and suitable, you may be employed and paid a wage by the prison as determined by the Prisons Regulations 2000.

You will be permitted to spend up to two thirds of your monthly earnings to purchase necessities (e.g. toiletries) for you own use.

The balance of your earnings will be placed in your prisoner account and the total credit will be paid to you upon release or part of the earnings sent to your family.

Not many prisons offer study courses, and even then only for long-term prisoners. You may wish to approach the welfare officer to enquire on whether these are available at the prison.

Contact and languages

Depending on capacity, some prisons do put foreign national prisoners together within the same block or cell. However, their proficiency in English may be limited. Orders issued by the prison guards will usually be in Malay. The Prison doesn’t provide language classes.

Whilst on remand in a police lock-up or a detention facility, generally you are not permitted to make telephone calls. Police officers may have the discretion to allow you to make telephone calls, but this is however on case-by-case basis. You can also ask the police officers to contact the High Commission or to inform your next-of-kin, on your behalf.

Internet access facilities will vary between prisons, and access will only be granted for certain categories of prisoner.

Once sentenced and imprisoned, you are permitted to register up to 5 contact telephone numbers on your prison record. You are able to purchase telephone cards from the prison canteen, and with the telephone card, you can request to contact any of the 5 registered numbers.

You may receive reading materials from your family or friends, but this is subject to checks and possible censorship by the prison authorities. Some prisons or detention centres may also have a library, where you are allowed to have library books and to exchange them as often as practicable. The library can however be limited.

You may have the use of books and writing materials received or secured through the prison officer with the permission and approval of the prison authorities.

Any religious books or articles recognised for your denomination and personal use are acceptable for prison use.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Daily exercise and physical recreated is allowed under Prison Regulations, provided that security and discipline is maintained by the prisoner.

Climate

Malaysia has a tropical climate with consistent temperatures year-round of between 25 degrees to 35 degrees, with a noticeable dry and wet season depending on monsoon winds. Temperatures are typically warmer during the dry season and cooler during the wet season. High humidity levels of around 60 to near 100% is prevalent year-round due to the tropical climate.

Religion

Bibles are usually allowed through the censors, and Qurans are available through the Welfare Officer as well, although English translations may not be available.

If you wish to meet with any religious personnel from the Government Department or members of religious associations, you can seek for assistance from the Record Office. However, they have the right to object to the visit or stop this service at any time for security purposes.

Rules and regulations (including drugs)

According to Prison Regulations, prison rules on the treatment and conduct of prisoners are explained to the prisoner within 24 hours of arrival and then once every three months thereafter.

In addition to shouting, physical punishment such as beatings may be utilised by the prison guards as part of disciplinary measures while in prison.

Prison guards exercise great authority within prison walls and expect to be treated with deference and respect. They would expect to be addressed as “Tuan” or Sir (if male) and “Puan” or Ma’am (if female).

It is considered as an aggravated prison offence if you are caught in possession, in custody, in control, abusing or distributing any dangerous drugs or substance. If you are caught and found guilty of an aggravated prison offence, the prison authorities may punish you with one or more punishment. This includes reprimand, forfeiture of privileges, and reduction of earnings or separate confinement.

If you are subjected to forms of mistreatment such as beatings during your time in detention, you have the option of letting us know as soon as possible through your lawyer or directly to the High Commission. Once contacted, we will aim to make a visit to you as soon as possible to check on your welfare, and should you wish to, can raise the matter with the prison authorities on your behalf. However, if you do not feel safe to raise the matter during your detention, please let us know and we will follow the matter up with you after your release.

2.5 Prison: access to help and services

Receiving money

There are two ways in which you may be able to receive financial assistance while in prison:

• Private funds: deposited to you by your family or friends.

• Prisoners Abroad: Depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Certain prisons may be able to accept money transfers directly from family. We can enquire with the prison if this is possible. Most prisons no longer accept cash payments to prison accounts.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and Dental treatment

While you are detained, Malaysia is responsible for ensuring your basic medical needs are met. Malaysia has a universal healthcare system, and basic healthcare is provided in prisons without additional charges.

Each prison has a resident Medical Officer who may attend the prison daily. If you are sick, inform the prison guards immediately, who will arrange the Medical Officer to examine you. The medical officer will then report to the prison’s Record Office if they think that it is necessary to recommend further treatment or prescribe additional medications to you.

In case of serious illness in which there are inadequate facilities for your treatment, the prison may transfer you to a government hospital, accompanied with the referral certificate of the medical officer.

If you need dental care, you should inform the prison who can arrange a dentist to visit you.

Some prisons offer counselling services to those who are experiencing psychological distress. Please speak to the Welfare Officer for more information on counselling services available. With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

You may be able to send or receive mail whilst in prison. The arrangements will vary at each prison. Your letters will be subject to inspection by the prison authorities, and the clearance for delivery is at the discretion of the prison.

If the prison authorities have deemed that the contents of your outgoing letters are inappropriate, they will give you an opportunity to rewrite your letter. If the prison authorities find that the content of a letter sent to you inappropriate, the letter in question will either be returned to sender or destroyed.

You cannot possess any unauthorised articles and if found, they will be confiscated by the prison authorities. Reading materials with explicit contents are not permitted in prison or detention centres.

If your visitors want to deposit certain articles during their visits (for example, money, clothing, food, drink, tobacco, letters, paper, book or tools), they must be approved by the prison authorities before the article can be given to you. The prison authorities reserve the right to refuse an article that is inconsistent with the prison regulations.

Telephone calls

Whilst on remand in a police lock-up or a detention facility, generally you are not permitted to make telephone calls. Police officers may have the discretion to allow you to make telephone calls, but this is however on case-by-case basis. You can also ask the police officers to contact the High Commission or to inform your next-of-kin, on your behalf.

Once sentenced and imprisoned, you are permitted to register up to 5 contact telephone numbers on your prison record. You are able to purchase telephone cards from the prison canteen, and with the telephone card, you can request to contact any of the 5 registered numbers. Mobile phones are not permitted within prison, and anyone caught possessing one may be punished by the prison. Your personal mobile phone will be taken from you and kept along with your other belongings when first entering the prison.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

3. Chapter 3: the Malaysian judicial system

3.1 Overview and first steps

There are two types of trials in Malaysia; the civil and the criminal. The hierarchy of courts begin at Magistrates’ Court, Sessions Court, High Court, Court of Appeal, and Federal Court. The courts in Malaysia are presided over by magistrates or judges.

Malaysia also has a parallel system of Syariah Courts, which has some jurisdictions over matters of Islamic law such as family and religious law, and are only applicable on matters where both parties are Muslims.

Generally, the Malaysian Criminal Procedure Code (CPC) is applicable to any criminal arrests. When there is no specific provision made by this Code or by any other law and legislations, the English criminal procedures shall be applicable so far as the same rules do not conflict or are consistent with the CPC.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

What should happen when I am arrested?

An arrest occurs when a police officer informs you that:

• they are arresting you; or
• they will be using force to stop you if you try to escape

The police officer must identify themselves by showing their authority card to you when arresting you. If the police officer is in plain clothes, they must state their authority very clearly.

When effecting arrest, the police must inform you of the grounds or reasons for your arrest. It could be classed as an unlawful arrest if you are not informed of the reason.

However, when a police officer stops a person only to make enquiries, it does not amount to an arrest. The police officer cannot compel you to answer any question but you may willingly give information.

After you are arrested, the police officer must inform you of your right to remain silent. If the police officer does not do so, any statement made by you cannot be used as evidence in court.

The Police may ask you to make a statement, and sign it as correct. All statements must be read back to you, in the language you understand. You must be satisfied the statement that you have given is recorded accurately. If you are not satisfied it is recorded accurately, or it has not been adequately translated to you, you should ask for a full translation before you sign it, making any corrections. It is also very important that the statement is made voluntarily. Any statement taken under inducement, threat or promise is not admissible in court.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers.

How long you can be remanded in custody

After you are arrested, the police must produce you before a Magistrate within 24 hours. The police must do so without any unnecessary delay. If you are arrested on a public holiday, you will be taken before a Magistrate on the next working day. You will remain in police custody until the police produces you before a Magistrate. You can request to be represented by a lawyer during the remand hearing.

A Magistrate is a judicial officer. The Magistrate has the power to decide whether you should be further remanded and remain in police custody for more than 24 hours. The remand period gives more time to the Police to complete their investigations and decide whether there is evidence to charge you for an offence. The Police cannot ask for a Remand Order from the Magistrates only for the purpose of taking a statement from you.

The police must satisfy the Magistrate that the remand is necessary. The police must show that:

(a) Their investigation cannot be completed; and

(b) There are reasons for believing that the accusation or information against you are well founded

The Magistrate has the jurisdiction to grant the Remand Order as the Magistrate thinks fit for a term not exceeding 14 days in the whole (inclusive of the day of arrest). The Magistrate authorising the detention would have to record his reasons for doing so. Within that period, you must be charged with an offence. Otherwise, you must be released.

In serious cases however, there are provisions where remand can be extended while the investigation is carried out. There are offences where bail is not applicable (for example, offences with mandatory death penalty) and therefore the remand period would be extended as required.

Bail

Criminal offences and bail:

For the purpose of bail, criminal offences can be categorised into 3 types:

• where bail is granted as of right, i.e. as a matter of course (offences eligible for bail)
• where bail is granted at the discretion of the court (offences not eligible for bail)
• where bail cannot be granted at all, for example, some dangerous drugs or firearms offences (offences not eligible for bail)

Bailor and the bail bond:

The court will impose a reasonable sum of money as security to ensure that you appear on the next date. The amount depends on the seriousness of the offence.

Before the court makes a decision, you (or your lawyer) and the prosecuting officer may put forward the arguments on the amount to be imposed.

In practice, after the bail is granted, your lawyer must alert you to have a bailor on standby. A bailor is a person who is willing to furnish the security for your release. You may ask a family member or a friend to be your bailor. Bailors can deposit some security in the form of fixed deposit receipts, savings passbooks or even land title deeds. The court may require 2 Malaysians, aged between 21 years and 60 years old, to pose as sureties.

Bail for serious offences:

For serious offences, the court may impose certain conditions for bail to prevent you from leaving Malaysia without permission, for example:

• impounding (retaining) of your passport
• requiring you to report to the nearest police station once a week

The FCDO cannot transfer bail funds.

3.2 Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, a list of English-speaking lawyers is available. The list also states the availability of Pro bono (legal firm funded) and legal aid (government funded, not immediately available to foreign nationals) services for each local lawyer. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

At the remand proceedings, you have the right to appoint lawyer to represent you. The Magistrate must allow this unless the police can satisfy the Magistrate that it would interfere with police investigation

Trial

Depending on your offence, the court may set dates for case management hearings where you and your lawyer, if one was appointed, are required to attend. Some courts in Malaysia conduct proceedings in Bahasa Malaysia (Malay Language) and some may conduct proceedings in English. You can request for interpreters.

Consular Representatives do not usually attend court, nor are we able to provide you with legal advice. We may consider attending court for certain cases, to support you or your family. This is on case-by-case basis.

If you do not appear in court when you are instructed to, a warrant of arrest will be issued against you.

At the same time, the court may issue a “notice to show cause” to the bailor. The court will fix a hearing date for the bailor to come to court. If the court does not accept the bailor’s explanation, the security bond will be forfeited.

Sentences

If you are found guilty, the court may impose a fine or may sentence you to a period of imprisonment, or both. The amount of fine imposed or the length of your imprisonment sentence would depend on your offence. Some offences in Malaysia may also include the corporal punishment of strokes of whipping.
It is at the discretion of courts whether or not to impose the maximum sentence for your offence.

Malaysia imposes the mandatory death penalty for serious offences including drug trafficking, murder, or firearm offences, if found guilty of these offences.

In most cases, upon serving your sentence, you will be handed by the prison to the immigration authorities who will then make a decision on whether to issue a deportation order or not.

The High Commission will not be able to make representations on a proposed deportation, however, you are advised to seek legal advice on the matter.

Appeals

If you are found guilty of an offence, you can file an appeal with the courts. It is advisable to seek legal advice on this process and discuss with your lawyer on your options.

When you file an appeal, your case will first be heard at the Court of Appeal. The Court of Appeal will consider your case and the evidence that was presented during your trial.

If the Court of Appeal decides to uphold your conviction, you then have another opportunity to appeal through the Federal Court. A panel of five judges will sit and consider your case.

There are a number of possible outcomes of the appeals process:

• the courts may decide that you were wrongfully convicted and acquit you of your charge(s)
• the courts may to convict you of a lesser charge, and may reduce your sentence
• the courts may uphold the original decision and uphold your conviction

If the decision is maintained at Federal Court, then the formal judicial process will be exhausted. The only other option open to you is to seek clemency from the highest state official. The power to grant clemency is given to the King (“Yang di-Pertuan Agong) for offences committed in the Federal Territories, Malacca, Penang, Sabah and Sarawak. For the remaining states in Malaysia, the power to grant clemency is given to the Ruler of the State (“Yang d-Pertua Negeri”) for offences committed in these states.

The members sitting in the Pardons Board are the Attorney-General, Chief Ministers of the State and not more than 3 members who are appointed by the King or the Ruler of the State. Under the Prison Regulations 2000, the Prison Director has a responsibility to support you in making a clemency application.

If you are acquitted of an offence, the prosecutor can also file an appeal with the courts. The Court of Appeal may remand an acquitted person who is a foreigner pending disposal of the Prosecution’s appeal.

3.3 Reaching the end of your sentence

Reduction of sentence (remission)

With a view to encouraging good conduct, you are entitled to be granted remission as follows:

• if you are sentenced with a term of imprisonment exceeding one month, you may be granted as remission one-third of your sentence
• if you are sentenced with a term of imprisonment of one month or less, you will not be granted remission

For your benefit under this provision it is important that your conduct, whilst in prison, is good.

Early release

Parole can be considered, with a view of encouraging good conduct and to facilitate reformative treatment. The Parole Board, which consists of prison officers, prison welfare offices and the general public, will consider parole applications based on the prisoner’s eligibility and good behaviour. However, only some of the offences committed can be eligible for parole. Offences that would not qualify for parole include drug offences and firearm offences.

Clemency or pardon

You may seek clemency or pardon if you have exhausted all formal judicial process of appealing against your conviction. Application for clemency or pardon will be considered by the highest state official of the state where your conviction was handed down.

The power to grant clemency is given to the King (“Yang di-Pertuan Agong) for offences committed in the Federal Territories, Malacca, Penang, Sabah and Sarawak. For the remaining states in Malaysia, the power to grant clemency is given to the Ruler of the State (“Yang di-Pertua Negeri”) for offences committed in these states.

The members sitting in the Pardons Board are the Attorney-General, Chief Ministers of the State and not more than 3 members who are appointed by the King or by the Ruler of the State. Under the Prison Regulations 2000, the Prison Director has a responsibility to support you in making a clemency application.

If you are convicted of an offence which carries the death penalty, and if you have exhausted all formal judicial process of appealing against your conviction, you may be able to seek clemency against the death penalty. If successful, the state official or Pardon Board could consider commuting your death penalty to an imprisonment sentence instead. This is on case-by-case basis, and is at the discretion of the state official.

Financial penalties

If you are found guilty, the court may impose a fine or may sentence you to a period of imprisonment, or both. The amount of fine imposed would depend on your offence. Fines must be paid to the court where your case was heard.

It is at the discretion of courts whether or not to impose the maximum fine for your offence.

Transfer to another prison within Malaysia

The Director General may remove or transfer prisoners confined in a prison to any other prison in Malaysia.

A prisoner under the death sentence which the Yang di-Pertuan Agong, Ruler or Yang diPertua Negeri has ordered to be carried out may, by order of the Director General, be transferred to any other prison, to undergo his sentence.

You can make a request to transfer to another prison within Malaysia with the prison authorities; however this is on case-by-case basis and is at the discretion of the prisons.

Transfer to a prison in the UK

There is currently no Prisoner Transfer Agreement between the UK and Malaysia.

Release and deportation

Upon the completion of your custodial prison sentence, you may be transferred to the care of Malaysian Immigration Department. If you are moved into an immigration deportation camp, your exit papers will be processed and you will be deported from Malaysia.

Malaysian Immigration Department has explicitly specified that convicted offenders must be deported to the country of origin, which is the United Kingdom.

Malaysian Immigration Department has also specified that the costs of your flight to the UK and any additional costs (for example, issuance of emergency travel document) must be borne by you or by your family.

In some cases, Malaysian Immigration Department may also impose a blacklist record upon you, which could prohibit you from re-entering Malaysia. The blacklist period could be up to 5 years.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8 AM to 4 PM, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM.

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

4. Chapter 4: Additional Information

4.1 Additional Information

### Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Freepost envelopes to help you stay in touch with others

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time).

Email: info@prisonersabroad.org.uk

Website: Prisoners Abroad

5. Translation of useful terms

English	Bahasa Malay
Adjudication	Pengadilan/Penghakiman
Administration of justice	Pentadbiran Keadilan
Appeal	Rayuan
Appeal for error	Rayuan untuk kesilapan
Appeal or complaint	Rayuan atau Aduan
Application	Pemohonan
Application forms (prison)	Borang permohonan (penjara)
Army	Tentera
Bar Association	Majlis Peguam
Blood test	Ujian darah
Board of prison governors	Lembaga Gabenor Penjara
Charge	Tuduhan
Chief Police Officer	Ketua Polis
Public Prosecutor	Pendakwa Raya
Deputy Public Prosecutor	Timbalan Pendakwa Raya
Civil party in criminal trial	Pihak sivil dalam perbicaraan jenayah
Code of criminal procedure	Kod prosedur jenayah
Complaints system	Sistem aduan
Completed file	Fail lengkap
Compulsory prosecution	Pendakwaan wajib
Court file reference	Rujukan fail mahkamah
Penal code	Kanun keseksaan
Criminal Court	Mahkamah Jenayah
Criminal prosecution by victim	Pendakwaan jenayah oleh mangsa
Custody hearing	Perbicaraan hak penjagaan
Custody order	Hak penjagaan
Danger of interfering with the course of justice	Bahaya mengganggu perjalanan keadilan
Danger of repeated criminal offences	Bahaya kesalahan jenayah berulang
Deportation order	Perintah Pengusiran
Duty of obedience	Tugas kepatuhan
Evaluation of evidence	Penilaian bukti
Expert Witness	Saksi pakar
Extradition	Extradisi
Federal Border Police	Polis Sempadan Persekutuan
Federal Office for the Protection of the Constitution	Pejabat Persekutuan untuk Perlindungan Perlembagaan
Royal Malaysian Police	Polis Di-Raja Malaysia
Attorney-General’s Office	Jabatan Peguam Negara
File	Fail
Final public trial	Perbicaraan awam terakhir
Federal Court	Mahkamah Persekutuan
Court of Appeal	Mahkamah Rayuan
Guilty	Bersalah
High Court	Mahkamah Tinggi
Sessions Court	Mahkamah Sesyen
Magistrates Court	Mahkamah Majistret
Imprisonment after conviction	Penjara selepas sabit kesalahan
Insubordination to officer	Ketidakpatuhan kepada pegawai
Interpreter	Penterjemah
Judge	Hakim
My Lord (address a judge)	Yang Arif
Judgement	Penghakiman
Jurisdiction	Bidang kuasa
Juvenile prison rules	Peraturan penjara remaja
Law exam	Peperiksaan undang-undang
Lawyer	Peguam
Legal Aid Lawyer	Peguam bantuan guaman
Legal Clerk or candidate for law examination	Kerani undang-undang atau calon untuk peperiksan undang-undang
Local Bar Association	Badan Peguam Tempatan
Local prison rules	Peraturan penjara tempatan
Local State Court	Mahkamah Negeri Tempatan
Major offence	Kesalahan besar
Minister of Justice	Menteri Kehakiman
Minor offence	Kesalahan kecil
Money earned in prison	Wang yang diperoleh di penjara
Notary	Suruhanjaya Sumpah
Officer of the Court	Pegawai Mahkamah
Opposition	Pembangkang
Penal order	Perintah hukuman
Penal proceeding	Prosiding hukuman
Permit, entitlement	Izin, hak
Personal money in prison	Wang peribadi di penjara
Physical examination	Ujian fizikal
Plaintiff	Plaintif
Police assisting Prosecutor	Polis pembantu pendakwa raya
Police Chief Inspector	Ketua Polis Negara
Police Commissariat	Balai Polis
Police field office	Pejabat lapangan polis
Police Inspector	Polis Inspektor
Power of Attorney	Kuasa wakil
Preliminary detention	Penahanan awal
Presiding Judge	Ketua hakim
Presumption of innocence	Anggapan tidak salah
Preventive detention	Penahanan pencegahan
Prison	Penjara
Prison administration	Urusetia Penjara
Prison Assessment Unit	Unit Penilaian Polis
Prison court	Mahkamah Penjara
Prison Director	Pengarah Penjara
Prison house rules	Peraturan dalam penjara
Prison newspaper	Surat khabar penjara
Prison rule book	Buku peraturan penjara
Prison rules regarding supervised visit	Peraturan penjara mengenai lawatan yang diselia
Prison Warder	Pengawal Penjara
Prisoners	Banduan
Private prosecution	Pendakwaan persendirian
Procedural complaint against official	Prosedur aduan terhadap pegawai
Proof of evidence	Bahan bukti
Proportionality	Berkadaran
Prosecutor	Pendakwa raya
Public Prosecutor’s Office	Jabatan Peguam Negara
Punishment cell	Sel hukuman
Regional State Court	Mahkamah Negeri Wilayah
Registered (in State)	Berdaftar (di Negeri)
Rehabilitation	Pemulihan
Release	Pelepasan
Release order	Perintah pelepasan
Remand rules	Perturan reman
Representative of the Local Authority	Wakil pihak berkuasa tempatan
Restriction on prosecution of minor offences	Sekatan terhadap pendakwaan kesalahan kecil
Riot squad	Pasukan rusuhan
Secret Service	Perkhidmatan Rahsia
Security	Keselamatan
Single Judge	Hakim Tunggal
Single Judge Court	Mahkamah Hakim Tunggal
Small Police Station	Balai Polis Kecil
Social Worker	Pekerja social
State officials including prison Warders	Pegawai negeri termasuk Penjara penjara
Statute of Judicial Organisation	Statuta Organisasi Kehakiman
Sufficient suspicion	Kecurigaan yang mencukupi
Suspended sentence	Hukuman ditangguhkan
Temporary detention	Penahanan sementara
The accused	Tertuduh
To buy	Untuk membeli
To change money	Untuk menukar wang
To deport	Untuk dihantar pulang
To file an application	Untuk memfailkan permohonan
Transfer to another prison	Pindah ke penjara lain
Treason	Khianat
Valid or legal	Sah
Visit	Jumpa
Visiting permit	Pas jumpa
Warder	Pengawal Penjara

5.1 Useful words

Apple	Epal
Banana	Pisang
Beans	Kacang
Biscuits	Biskut
Bread	Roti
Cake	Kek
Chicken	Ayam
Coffee	Kopi
Tea	Teh
Drink	Minum
Eat	Makan
Egg	Telur
Fruit	Buah
Hungry	Lapar
Juice	Jus
Meat	Daging
Milk	Susu
Rice	Nasi
Noodles	Mi
Sugar	Gula
Sweet	Manis
Vegetables	Sayur
Water	Air
Cup	Cawan
Fork	Garpu
Knife	Pisau
Plate	Pinggan
Spoon	Sudu
Good Morning	Selamat Pagi
Good Afternoon	Selamat Tengah Hari
Good Night	Selamat Malam
Day	Hari
Week	Minggu
Month	Bulan
Monthly	Bulanan
Year	Tahun
Today	Hari ini
Tomorrow	Besok
Tonight	Malam ini
Sunday	Ahad
Monday	Isnin
Tuesday	Selasa
Wednesday	Rabu
Thursday	Khamis
Friday	Jumaat
Saturday	Sabtu
Spring	Musim Bunga
Summer	Musim Panas
Autumn	Musim Luruh
Winter	Musim Sejuk
Baby	Bayi
Boy	Anak Lelaki
Child	Anak
Father	Ayah/Bapa
Girl	Anak Perempuan
Husband	Suami
Man	Lelaki
Money	Wang
Mother	Ibu/Emak
Wife	Isteri
Woman	Perempuan
He	Dia
I	Saya
Me	Saya
My	Saya punya
Yours	Kamu punya
Her	Dia
His	Dia punya
Their	Mereka punya
Them	Mereka
You	Anda (pol) / Kamu (inf)
Yours	Kamu punya
Sir	Tuan
Madam	Puan
Mister	Encik
Borrow	Pinjam
Close	Tutup Closed Ditutup
Come	Datang
Door	Pintu
Give	Bagi
Here	Di sini
Indoors	Dalam
Inside	Di dalam
Open	Buka
Outside	Di luar
Run	Lari
Stand	Berdiri
Stay	Tetap
Stop	Berhenti
Turn	Pusing
Walk	Jalan
Head	Kepala
Hair	Rambut
Eye	Mata
Eyes	Mata-mata
Eyeball	Bola mata
Eyebrow	Kening
Eyelash	Bulu mata
Eyelid	Kelopak mata
Nose	Hidung
Nostril	Lubang hidung
Ear	Telinga
Hearing	Pendengaran
Mouth	Mulut
First	Pertama
Second	Kedua
Third	Ketiga
Fourth	Keempat
Fifth	Kelima
Sixth	Keenam
Seventh	Ketujuh
Eight	Kelapan
Ninth	Kesembilan
Tenth	Kesepuluh
Half	Setengah
In half	Separuh
After	Selepas
Before	Sebelum
Later	Selepas
Now	Sekarang
Climate	Cuaca
Cold	Sejuk
Heat	Kepanasan
Hot	Panas
Rain	Hujan
Shade	Teduh
Sun	Matahari
Sunshine	Cahaya matahari
Weather	Cuaca
Wind	Angin
Briefs	Seluar dalam
Clothes	Pakaian
Shirt	Baju
Shorts	Seluar pendek
Socks	Stoking
Trousers	Seluar panjang
“T” Shirt	Baju T
Sandals	Selipar
Shoe	Kasut
Trainers	Kasut lari
Ashtray	Dulang abu
Book	Buku
Cigarettes	Rokok
Dry	Kering
Lighter	Pemetik api
Pen	Pen
Pencil	Pensel
Scissors	Gunting
Soap	Sabun
Soap powder	Serbuk sabun
Wash	Cuci
Wash hand	Cuci tangan
Washing	Mencuci
Wet	Basah
Bucket	Baldi
Scrubbing Brush	Berus mandi
Shower	Mandi
Toothbrush	Berus gigi
Toothpaste	Ubat gigi
Towel	Tuala
Dream	Mimpi
Rest	Rehat
Sleep	Tidur
Sleepy	Mengantuk
Wake	Bangun
Bed	Katil
Bed Sheet	Cadar katil
Blanket	Selimut
Mattress	Tilam
Pillow	Bantal
1	Satu
2	Dua
3	Tiga
4	Empat
5	Lima
6	Enam
7	Tujuh
8	Lapan
9	Sembilan
10	Sepuluh
11	Sebelas
12	Dua belas
13	Tiga belas
14	Empat belas
15	Lima belas
16	Enam belas
17	Tujuh belas
18	Lapan belas
19	Sembilan belas
20	Dua puluh
30	Tiga puluh
40	Empat puluh
50	Lima puluh
60	Enam puluh
70	Tujuh puluh
80	Lapan puluh
90	Sembilan puluh
100	Seratus
1000	Seribu

5.2 Pronunciation guide

Malay Alphabet	English Sound	Pronunciation Example
a	[a]	as in father
b	[b]	as in bay
c	[ʨ]	ch as in chay
d	[d]	as in day
e	[ɛ]	as in elephant or sometimes the a in sofa
f	[f]	as in fine
g	[ɡ]	as in gold
h	[h]	as in house
i	[i]	‘ee’ as in meat or sometimes as in hit
j	[ʥ]	as in job
k	[k]	as in kitchen
l	[l]	as in life
m	[m]	as in man
n	[n]	as in nice
o	[o]	as in olive
p	[p]	as in pool
q	[k]	as in kiss
r	[r]	as in rice
s	[s]	as in smile
t	[t]	as in time
u	[u]	‘oo’ as in mood
v	[f]	f as in free
w	[w]	as in wind
x	[ks]	as in wax
y	[j]	as in year
z	[z]	as in Zulu
ng	eng	as in hanging
ny	nye	as in mañana
kh	kha	as in ch in German bach
sy	sya	as in shield
nng	nng	as in bingo

5.3 Annex – additional documents

• FCDO guidance: Support for British Nationals Abroad

• FCDO guidance: Arrested abroad: advice for British nationals

• FCDO guidance: Instruction for money transfer through the FCDO

• list of English-speaking lawyers

• list of private translators/Interpreters

• Prisoners Abroad Forms