Sosma overhaul: Home Ministry proposes special court, bail reforms to address legal challenges

KUALA LUMPUR, Feb 19 — The government is considering the establishment of a special court as part of its review of the Security Offences (Special Measures) Act 2012 (Sosma), said Home Minister Datuk Seri Saifuddin Nasution Ismail.

He said the dedicated court would be similar to the special courts for corruption cases, undocumented migrants, child sexual offences, the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act, environmental crimes, and cybercrimes.

“There is now a need to consider the establishment of a special court specifically for Sosma cases so that cases do not face prolonged delays, which in turn raises issues related to bail,” he said in his ministerial statement in the Dewan Rakyat today.

Apart from the special court, Saifuddin said the government will review the list or schedule of offences classified as non-bailable, as well as offences where bail may be granted at the court’s discretion, depending on the severity or gravity of the offence.

“There are 73 offences covered under this act. Moving forward, we will reassess and determine which offences should remain categorised as non-bailable and which offences should be returned to the court’s discretion to allow bail.

“Currently, bail is absolutely not allowed except for women, children under 18, and the elderly,” he added.

The government will also review Section 30 of the Act which concerns detention while awaiting the completion of legal proceedings.

“This can be considered in alignment with Section 13, which deals with bail,” Saifuddin said.

Before delivering his statement in the Dewan Rakyat, Saifuddin presented graphic videos and clips of violent crimes to MPs and officers in the August House, emphasising the necessity of Sosma.

Dewan Rakyat Speaker Tan Sri Johari Abdul ordered that the video not be made available for public viewing due to its graphic nature.