Move to give full discretion to judges in Section 39B

KUALA LUMPUR: The government is making last-minute changes to proposed amendments to the Dangerous Drugs Act (DDA) to give full discretion to judges in meting out sentences under Section 39B.
Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said (BN-Pengerang) said the decision was made after considering objections towards one of the clauses in the amendments.
"The changes prove the government's openness, especially the Prime Minister (Datuk Seri Najib Abdul Razak) who always listens to the views of various groups to ensure that every decision was made inclusively," Azalina said in a statement today.
She said the new changes would allow the court to have a discretion on evaluating if a convict has cooperated with authorities for a lighter sentence and not by a written declaration by the public prosecution as stated in the current version of the amendments.
"The proposed changes in the bill were also made after considering the government's intention in sending out a preventive message, as well as improving the enforcement operations in combating drug dealings in this country," Azalina said.
The Dangerous Drugs Act (Amendment) 2017, which is expected to be debated on Thursday, was tabled for first reading on Nov 23.
In the initial proposed amendment, it had stated that the court could not exercise its power to mete out a sentence on those convicted without a written declaration from the public prosecutor.
This was met with criticisms from various parties, including opposition lawmakers and the Bar Council.