Citation

Althabhawi, Nabeel Mahdi and Samsudin, Ifa Sirrhu and Rajamanickam, Ramalinggam and Nordin, Rohaida and Zahir, Mohd Zamre Mohd (2026) Chain Remand: Insights from the Experience of Defence Lawyers in Malaysia. Sage Open, 16 (4). ISSN 2158-2440

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Abstract

The Malaysian criminal justice system is designed to balance between crime control and individuals’ right. It guarantees many rights of suspects. Many provisions are intended to safeguard rights of suspects during the remand. However, prolonged remand periods violate the principle of fundamental liberty. This study investigates the procedural adequacy of remand practices in Malaysia through the lens of Herbert Packer’s Due Process Model. It highlights the experiences of lawyers who have handled chain remand cases and consider the practice to be a breach of the suspect’s liberty. Drawing on semi-structured interviews with a sample of lawyers who have previously represented chain remand detainees in Malaysia, It was found that there are loopholes in the legislation, however, legal loopholes are not the only factor contributing to the problem of chain remand as other factors also make chain remand a problem of injustice. The study concludes by proposing legal and institutional reforms, including codified remand guidelines, early access to legal counsel, and judicial training, to realign Malaysia’s criminal justice procedures with due process principles. By bridging theoretical analysis with practitioner insights, this research offers a timely contribution to criminal law reform discourse in Malaysia.

Item Type:	Article
Uncontrolled Keywords:	chain remand, fundamental liberty, investigation, criminal justice, Criminology, Social Sciences
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Suzilawati Abu Samah
Date Deposited:	30 Oct 2026 02:30
Last Modified:	30 Oct 2026 02:30
URII:	http://shdl.mmu.edu.my/id/eprint/17026

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