Innocent Until Found Guilty: Convicts

Dato' Haji Akhtar bin Tahir · Retired Judge of the High Court of Malaya · Senior Partner · 15 September 2026

A conviction after full trial should end the presumption of innocence. A convict whose sentence is stayed pending appeal should have his movement restricted, as electronic anklets do in some countries.

1. A person who has been found guilty after the full process of the law is, for all intents and purposes, no longer innocent. The offender, who is now a convict, must be treated as one.
2. The question of personal liberty no longer arises. For logistical and other reasons, a stay of conviction and sentence may be necessary. This stay must be more than a slap on the wrist, and strict conditions must be imposed on freedom of movement.
3. There are various methods to curb freedom of movement for convicts. We had the experience during Covid, when a person was quarantined for a certain period. To ensure compliance, a wristband had to be worn.
4. A similar method can be imposed on convicts for certain offences, where an electronic device can be strapped on them to restrict their movement from their homes. There are countries where convicts wear an anklet restricting their movement out of the house.
5. There are advantages to this. The community where the convict lives will be alerted to the presence of the convicts within their midst. The convicts will also be encouraged to expedite their appeals if they want to be free of the restrictions. The restriction will also act as a deterrent for would-be offenders. The enforcement agencies can also monitor the movement of the convicts, rather than keeping an arduous record of attendance of the convicts.
6. Where the convicts have the means, they must pay for the purchase and upkeep of the electronic straps, so as to save taxpayers’ money.
7. For certain offences involving drugs, sexual offences or robbery, a record of the convicts must be kept and displayed at prominent places, even after they have served their sentences. This is also a safeguard for the community concerned.
8. Other measures can also be taken and must be discussed thoroughly and be legislated.
9. The point of all this is to regard the finding of guilt by the trial court of first instance as proof that the convicts are no longer innocent. The convicts should not be allowed to thumb their noses at the trial judge, however junior the trial judge is.