House arrest is still prison, with residence subject to prison rules

HOUSE arrest does not mean a convicted person is free to live a normal family life, as any residence designated for detention would effectively have to operate as a prison and remain under prison supervision, a lawyer says.

Datuk Shamsuddin Nawawi said Section 3 of the Prisons Act 1995 allows the Home Minister, through a notification under law, to declare any house, building, enclosure or place, or any part of it, as a prison for the purposes of the Act.

"Individuals serving detention at home remain subject to rules and isolation similar to those in prison. There seems to be a misunderstanding, especially among the public, that prisoners serving their sentences at home are free to enjoy and lead a normal life.

"A spouse or family member who has not been charged or convicted is not guilty and cannot be detained or live together with the prisoner," he said.

Shamsuddin said a residence designated as a prison would not necessarily have to be the convict's existing home.

"If we are talking about Datuk Seri Najib’s Razak’s case, the house made into a prison does not necessarily have to be his current residence. Instead, any building deemed suitable by prison officials, such as a National Service Training Programme (PLKN) camp, for instance, could be made into a prison," he said.

Shamsuddin said the designated premises would still have to function as a prison and remain under the control of prison personnel. The prisoner would also still have to undergo inspection processes while receiving facilities including food and amenities similar to those in prison.

"A house selected to become a prison would have to change its character and become a prison.

"Perhaps the only advantage would be the size of the building, but the activities, rules and facilities provided would still be like those in prison," Harian Metro quoted him saying.

Under Article 42 of the Federal Constitution, the Yang di-Pertuan Agong has the power to grant pardons, reprieves and respites, and to remit, suspend or commute sentences in circumstances covered by the provision.

Specifically, in Najib’s case, the Federal Territories Pardons Board has a constitutional role in the exercise of the Federal pardon power, with the King acting after considering the Board's advice.

A house-detention arrangement arising from a royal decision is therefore distinct from bail or pre-trial home confinement: the individual remains subject to the sentence, with the designated place and conditions determining how the sentence is served.  A commutation or conditional pardon also does not automatically extinguish separate convictions, criminal proceedings or civil and tax liabilities.

Separate Financial Liabilities in excess of RM21 Billion

Najib is facing financial obligations arising from criminal, civil and tax proceedings involving more than RM21 billion, according to reports.

The largest include an RM11.38 billion fine imposed by the High Court following his conviction in the 1Malaysia Development Bhd (1MDB) case, involving four charges of abuse of power and 21 charges of money laundering.

The court also ordered him to pay RM2.08 billion in relation to the money-laundering charges. Najib has appealed against the conviction and sentence.

In a separate civil case, the High Court on March 31 ordered Najib to pay US$1.3 billion (RM5.25 billion) in damages to SRC International Sdn Bhd. Execution of the judgment has been stayed pending his appeal.

Najib also faces an Inland Revenue Board (LHDN) claim of RM1.69 billion for additional income tax arrears and penalties for assessment years from 2011 to 2017. Bankruptcy proceedings have been stayed pending the outcome of his tax appeal before the Special Commissioners of Income Tax.

In the SRC International criminal case, Najib's fine was reduced from RM210 million to RM50 million by the Pardons Board.

He is also required to pay RM50 million under the conditional pardon associated with the arrangement allowing him to serve the remainder of his sentence under house detention.

Separately, his wife, Datin Seri Rosmah Mansor, is facing a RM970 million fine following her conviction on three corruption charges involving the RM1.25 billion Sarawak rural schools' hybrid solar project. Her conviction and sentence are under appeal.

In a civil case, Rosmah was ordered to pay RM67.46 million to Lebanon-based jewellery company Global Royalty Trading SAL for 43 pieces of jewellery that were not returned. She has appealed and obtained a conditional stay pending the appeal. The liability is a personal civil liability and is not owed to the government.

Najib's son, Datuk Mohd Nazifuddin, also faces an LHDN tax claim of RM37.6 million. Bankruptcy proceedings against him have been stayed pending his tax appeal. - September 19, 2026