Judicial discretion will not be fully restored in the proposed amendment to Section 39B(2) of the Dangerous Drugs Act 1952 (DDA), as it subjects judges’ decisions to input from the public prosecutor, said the Bar Council today.

Thus, the council called upon the government to withhold passing the amendment, which was tabled for first reading in the Dewan Rakyat on Thursday, until it is re-amended to “genuinely” restore judicial discretion in sentencing.

The amendment seeks to give courts the power to sentence drug traffickers to life in prison, instead of the mandatory death penalty, but with caveats...