Why are MCO violators now facing RM1,000 fines instead of jail?

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MCO Violators Now Face Fixed RM1,000 Fines Due to Covid-19 Health Concerns in Prisons

Movement control order (MCO) violators will now face a fixed RM1,000 fine instead of potential jail sentences to mitigate the risk of exposing the prison population to Covid-19. This shift in policy addresses concerns raised by the Prisons Department regarding the health risks associated with overcrowded correctional facilities. Instead of immediate arrest and prosecution under the Prevention and Control of Infectious Diseases Act 1988, individuals found in violation will be issued compounds at police stations.
Health Risks in Overcrowded Prisons Prompted Policy Change

The decision to implement a fixed fine was a direct response to concerns from the Prisons Department. The department highlighted that jailing individuals for MCO violations could exacerbate existing health risks within prisons, particularly in light of the coronavirus pandemic. This was communicated through a letter from the Prisons Department director-general, Datuk Seri Zulkifli Omar, to the National Security Council, which subsequently agreed to review the matter.
New Procedure Involves Compounds Issued by Police

Under the revised approach, violators will be taken to police stations or district police headquarters (IPD) where they will be issued compounds. This process replaces the previous method of arrest and charging under the Prevention and Control of Infectious Diseases Act 1988. The objective is to reduce the number of individuals entering the correctional system, thereby minimising potential exposure of inmates and staff to Covid-19.
Violators Have Two Weeks to Settle Fines or Face Court

Individuals issued a compound have a two-week period to settle the RM1,000 fine. Payments are to be made at the Ministry of Health’s office, as the Act falls under its purview. For those who are unable or unwilling to pay the compound, the option to request a trial in court remains available. This provides an avenue for individuals to contest their violation or seek alternative resolutions if they cannot comply with the fine.
Previous Case Illustrates Concerns Over Custodial Sentences

The shift away from custodial sentences was underscored by a case in Perak where two labourers were caught fishing during the MCO to provide for their families. Although initially sentenced to a three-month jail term, a High Court later revised the sentence to community service. This instance highlights the judicial consideration of extenuating circumstances and the potential severity of jail time, further reinforcing the rationale behind the new fine-based approach.

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Why are MCO violators now facing RM1,000 fines instead of jail?

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