10 Facts About Pardons, A System That Countries Have

Najib was granted a royal pardon this week, reducing his 12-year jail term to six years.

Wah. Macam influencer promo code sia. 50% discount leh. 

Here’s everything you need to know about pardons, not just in Malaysia but in other countries as well.

What is a Pardon?

A pardon is a decision to “give chance” — to allow someone to be relieved of some or all of the legal consequences resulting from a criminal conviction.

Huh? Gong simi?

To simplify things, if you’re ever convicted of a criminal charge (touch wood), you can apply for a pardon to either reduce your jail term or to get rid of your jail term altogether.

A Pardon is Not the Same as Parole or Probation 

All of you who think you’re a lawyer just because you watched all seasons of Suits, we’re sorry to inform you that what you’re thinking right now is wrong — a pardon is not the same as parole or probation.

You see, while all three — a pardon, parole, or probation — are granted to “give chance” to someone convicted of a criminal charge, they all differ a little.

Parole is the conditional release of an inmate before completing their sentence. If a parole board deems an inmate to be on good behaviour and safe to be regenerated back into society, an inmate will be granted parole after serving a particular portion of their jail term.

For instance, Amos Yee was granted parole last year (and subsequently went back to jail for violating his parole…).

On the other hand, probation is granted directly by the Court, meaning that someone convicted of a criminal charge doesn’t even need to go jiak kali png at all. In any case, they’ll only have to spend a short sentence in jail before serving their punishment on probation.

When someone is on probation, they can remain in society, go out to get McDonald’s whenever they want and meet their girlfriend to pak tor any day of the week. However, they’re subject to certain conditions, such as checking in with a probation officer or performing community service.

While a pardon seems similar to parole or probation in some respects, the key difference is that in most countries, a pardon is granted by the President or the King instead of a parole board or the Court.

So, applying for a pardon is like a hotline to the President or the King lah. 

Why the Court Does Not Hold the Power to Grant A Pardon

The reason why the power to grant a pardon is usually with the President or the King rather than the Court is simple.

It acts as a check against the Court’s power.

None of us are strangers to the endless criminal case sagas — the Court issues a sentence, the accused person appeals against the sentence, the court “acts stubborn” and rejects the appeal, etc.

Liddat, how? Apply for a pardon from someone else lor. 

Think of it as asking your parents for permission to go on a trip with your friends. First, you ask your mother if you can go. If your mother says no, you ask again. If your mother says no again, the intelligent thing to do is to ask your father instead lah.

Your father acts as a “check” against your mother’s power, in a sense.

It’s the same thing here — if the Court says no, you should probably ask the President or the King instead to “give chance” lor. The President or the King’s power to grant a pardon then acts as a check against the Court’s power.

A Pardon is Sometimes Known as Clemency

At this point, one word might be floating around your head if you’re a Singaporean — clemency.

The term “clemency” in Singapore is almost always said alongside the word “pardon”. In Singapore, they more or less refer to the same thing lah — the presidential pardon in Singapore is also known as presidential clemency.

How Presidential Pardons in Singapore Work

Since you’re probably reading this in Singapore, perhaps in the comfort of your new BTO or the coffee shop with your char kway teow, you should know the presidential pardon process in Singapore.

Fortunately, Goody Feed has your back.

In Singapore, to apply for a presidential pardon, you must file a “petition for clemency”.

Once the President receives a petition for clemency, the President will request the judges who tried your case to make reports on the case for him.

The President will then forward these reports to the Attorney-General (AG). The AG will give their opinion on the case and forward these reports together with their opinion to the Cabinet.

Last, the Cabinet will advise the President on whether to grant clemency.

The President may, on the Cabinet’s advice, “give chance” in three ways.

First, to grant you a presidential pardon, which excuses you from having to serve your sentence. If you’re lucky, it’ll be an unconditional pardon, meaning you’re free to go. If you’re not so lucky, it’ll be a pardon subject to certain conditions.

If the President does not grant a pardon, the President may still extend clemency to you by granting a reprieve or a respite.

A reprieve means that the execution of your sentence will be postponed. A respite means that the execution of your sentence will be suspended.

Cases of Presidential Pardons Being Granted in Singapore

In Singapore, presidential pardons are usually granted in death penalty cases.

If you’re older, you might remember the case of Mr Mathavakannan s/o Kalimuthu from 1998.

In that case, Mr Kalimuthu was sentenced to death for committing murder. He filed a petition for clemency, and lo and behold, the presidential pardon he wished for was granted.

His death sentence was commuted to a life sentence instead.

In more recent years, you might also have encountered the case of Nagaenthran, where a petition for clemency was also filed. However, these petitions have been unsuccessful.

How Royal Pardons in Malaysia Work

In Malaysia, the power to grant a pardon is held by different people depending on where teh offence is committed.

If an offence is committed within the Federal Territories of Kuala Lumpur, Putrajaya and Labuan, the Yang di-Pertuan Agong (the King of Malaysia) holds the power to grant a pardon.

If an offence is committed in a state, state rulers have the power instead.

Once your application for a pardon is received, a Pardons Board hears your application.

For a state, the Pardons Board comprises Malaysia’s AG, the state’s chief minister, and a maximum of three other members appointed by the statue ruler. The state ruler chairs meetings of the Pardons Board.

For Federal Territories, the Pardons Board comprises Malaysia’s AG, the Federal Territories minister, and a maximum of three other members appointed by the Yang di-Pertuan Agong. The Yang di-Pertuan Agong chairs meetings of the Federal Territories Pardons Board.

Time Frame for Pardons to be Granted

In most countries, pardons have no fixed time frame to be granted.

Essentially, whoever hears your pardon application can take their own sweet time lah. After all, it’s an important application to hear — you should be happy if they’re taking their time.

In Malaysia, for instance, pardons may be granted in two/three months or longer. There is no exact time frame.

Najib was Given a Partial Royal Pardon

In Najib’s case, he was given a partial royal pardon rather than a full pardon — that’s why his sentence was merely halved.

In another case, for instance, back in 2018, Anwar Ibrahim was given a full royal pardon. Essentially, he got a “get out of jail free” card lah.

That’s another reason why Najib’s successful pardon big wasn’t that surprising. The “discount” was given to Najib because the system exists anyway.

And in any event, even more extreme pardons, such as the full royal pardon granted to Anwar, have been given in the past anyway.

It’s just another day in Malaysia lah.

Pardons May be Granted on the Last Day of the President’s or King’s Term

A few years back, you might have been enraged by the news of then-US president Donald Trump granting pardons to 73 people and commuting the sentences of 70 others on his last day of presidency.

However, such a practice isn’t all that uncommon.

Other US presidents in the past have done that as well, from Ford in the late 1970s to Trump.

The same was done in Najib’s case — the Yang di-Pertuan Agong only granted the royal pardon to Najib on the last day of his term.

What a way to leave office.