Restorative Justice in the Malaysian Criminal Justice System: The Legal Position in the Civil Courts

Abstract

Restorative justice has gained international recognition and has been adopted in various forms within the criminal justice systems of countries such as New Zealand, the United Kingdom, and Australia. Rather than replacing the traditional criminal justice system, restorative justice complements existing mechanisms by providing an alternative approach to resolve criminal cases.  In many jurisdictions, a guilty plea may serve as a referral factor for a restorative justice programme, which views crime as not only a violation of law, but also as harm to individuals and relationships. It therefore emphasises reparation, reconciliation, offender accountability, restoration of relationships, and the reintegration of offenders into society to reduce the likelihood of reoffending. In Malaysia, however, there is currently no comprehensive statutory or institutional framework expressly recognising restorative justice as a distinct approach to criminal justice within the Malaysian criminal justice system. This article examines the concept of restorative justice, its practice in selected jurisdictions, and the legal position within the Malaysian justice system. The study adopts a qualitative doctrinal research methodology based on relevant legislation, statutory provisions, reported cases, books, journal articles, and conference proceedings. The findings indicate that certain provisions of the Malaysian Criminal Procedure Code contain elements consistent with restorative justice, although they are neither formally characterised nor regulated as restorative justice mechanisms. Hence, although restorative justice is not expressly recognised within the Malaysian legal framework, existing criminal justice mechanisms contain restorative elements that may provide a foundation for developing a more structured restorative justice approach in Malaysia.