Will judges still impose death penalty with new law?

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Judges Will Retain Discretion to Impose the Death Penalty Under Proposed Law Changes

Under the proposed legislative amendments to abolish the mandatory death sentence, judges will continue to possess the discretion to impose capital punishment. These changes aim to provide judicial officers with a broader scope in determining sentences, allowing them to choose between the death penalty, life imprisonment, or shorter custodial terms based on the specific circumstances of each case. Currently, the mandatory death sentence is applied to nine offences under the Penal Code and two under the Firearms (Increased Penalties) Act 1971.
Judicial Discretion in Sentencing

The forthcoming legislative changes are designed to move away from the mandatory imposition of the death penalty for certain offences. Instead, judges will be empowered to exercise broader discretion, considering the unique facts and mitigating factors of individual cases when deciding on the appropriate sentence. This shift aims to allow for more nuanced judgments that reflect the gravity of the offence and the particulars of the offender, moving beyond a one-size-fits-all approach.
Scope of Current Mandatory Death Sentences

Presently, the mandatory death sentence is a legal requirement for a total of eleven offences. These include nine serious crimes stipulated within the Penal Code, which covers a range of capital offences. Additionally, two offences under the Firearms (Increased Penalties) Act 1971 also carry this mandatory penalty, meaning courts have no alternative but to impose death upon conviction for these specific acts.
Legislative Process and Historical Context

A Bill incorporating these proposed amendments is slated for deliberation during the Dewan Rakyat's October sitting. The initiative to abolish the mandatory death sentence is not a recent development; efforts to review and reform this aspect of the law have been ongoing since as early as 2010. A significant milestone in this process was a research initiative undertaken in 2013, which recommended the abolition of the mandatory death sentence.
Establishment of a Task Force for Alternative Penalties

In conjunction with these legislative proposals, a dedicated task force will be constituted. This body will undertake a comprehensive study of the technical aspects related to the abolition of the mandatory death sentence. Furthermore, the task force will investigate and propose alternative sentencing options that are proportional to the crimes committed, ensuring that penalties serve as effective deterrents while allowing for judicial discretion.

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Will judges still impose death penalty with new law?

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