PRELIMINARY
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JUVENILE COURTS ACT 1947
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- Type
- Act
- Status
- Repealed
- Enacted
- 1947
- Sections
- 156
Quick answer
About this act
JUVENILE COURTS ACT 1947 is Malaysia Act, cited as Act 90 1947, currently marked repealed and first recorded in 1947.
Opening note
Preamble
- An Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto. [1 August 2002, P.U. (B) 229/2002] RECOGNIZING that the country’s vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane: RECOGNIZING that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity: ACKNOWLEDGING that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society: RECOGNIZING every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status: ACKNOWLEDGING the family as the fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they may develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of the human person: 14 Laws of Malaysia ACT 611 RECOGNIZING the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society: NOW, THEREFORE, ENACTED by the Parliament of Malaysia as follows:
Part I
PART I
Section 1
(3)
This Act comes into operation on a date to be appointed by the
Minister by notification in the Gazette.
Interpretation
Section 2
(a)
to whom the care, custody and control of a child has been given by order of a Court under subparagraph 30(1)(c)(i);
or;
(b)
permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control;
“grave crime” includes—
(a)
the offences of murder, culpable homicide not amounting to murder or attempted murder;
(c)
all offences under the Internal Security Act 1960 [Act 82]
punishable with imprisonment for life or with death;
(d)
all offences under the Dangerous Drugs Act 1952
[Act 234] punishable with imprisonment for more than five years or with death; and
(a)
means a person under the age of eighteen years; and
16 Laws of Malaysia ACT 611
(b)
in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section 82 of the Penal Code [Act 574];
“probationer” means a child for the time being under supervision by virtue of a probation order;
“counsellor” means any counsellor, assistant counsellor, psychology officer or assistant psychology officer in the Ministry responsible for welfare services;
“Registrar General” means the Registrar General of Children appointed under subsection 9(1);
“Director General” means the Director General of Social Welfare and includes the State Director of Social Welfare of each of the States;
“community service” means any work, service or course of instruction for the betterment of the public at large under the purview of the Ministry responsible for welfare services;
“probation report” means a report prepared by a probation officer under subsection 90(13 );
“Board of Visiting Justices” means the Board of Visiting Justices appointed under section 64 of the Prison Act 1995 [Act 537];
“Board of Visitors” means the Board of Visitors appointed by the
Minister under section 82;
“Court” means the Court For Children or any other Court, as the case may require;
“Court For Children” means the Court For Children constituted under section 11;
“Magistrate’s Court” means a Court of a Magistrate of the First
Class;
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“Supervising Court” means the Court For Children for the district or area in which a child is required—
(c)
to be placed or detained under any other order made under this Act;
“Magistrate” means a Magistrate of the First Class;
“Council” means the National Council for Children established under section 3;
“Minister” means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the “Minister” is made, acting individually or jointly or in consultation, as the case may require;
“Child Welfare Team” means a team established by the Council under section 7A;
“Child Protection Team” means a team established by the Council under section 7;
“probation officer” means a probation officer appointed under section 10;
“senior police officer” has the same meaning as in the Police Act 1967 [Act 344];
“Social Welfare Officer” means any Social Welfare Officer in the
Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer;
“Education Officer” has the meaning assigned to it in the Education
Act 1996 [Act 550];
18 Laws of Malaysia ACT 611
“prison officer” has the meaning assigned to it in the Prison
Act 1995;
“medical officer” means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a public institution of higher learning, but does not include a registered medical practitioner in any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized;
“police officer” has the same meaning as in the Police Act 1967;
“prostitution” means the act of a person offering that person’s body for sexual gratification for hire whether in money or in kind; and
“prostitute” shall be construed accordingly;
“Protector” means—
(e)
any Social Welfare Officer appointed under section 8;
“Assistant Protector” means a person appointed by the Minister under section 8A;
“family based care” means the care of a child in a family environment including—
(i)
means the registered proprietor of the place;
(ii)
the lessee, including a sublessee, of the place whether registered or otherwise; or
(iii)
the agent or trustee of any of the persons described in subparagraphs (i) and (ii); and
(b)
in relation to any conveyance, means the registered owner of the conveyance;
“Registrar” means the Registrar of Children appointed under subsection 9(2) and includes the Registrar General;
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“conveyance” includes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle;
“child care provider” means a person who looks after one or more children for valuable consideration for any period of time;
“occupier”—
(b)
in relation to places different parts of which are occupied by different persons, means the respective person in occupation or control of each part;
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
20 Laws of Malaysia ACT 611
“community service order” means an order requiring a child to perform community service under section 97A;
“probation order” means a probation order made under section 98;
“Henry Gurney School order” means an order made by a Court For
Children sending a child aged fourteen years or above to a Henry
Gurney School;
“approved school order” means an order made by a Court For
Children sending a child to an approved school;
“contribution order” means a contribution order made under section 108;
“centre” means a shelter established or operated by any person including a State Government, either—
(b)
through a co-operation or joint-venture with the Federal
Government, as approved by the Minister for the purpose of care, protection and rehabilitation of children under section 53A;
“brothel” means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution;
“relative” means a person who is related through full-blood or half-blood, or through marriage or adoption, including de facto adoption;
“Henry Gurney School” means a school—
(b)
under the direction and control of the Commissioner
General of Prison and approved by the Minister for the
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education, training and detention of persons to be sent there in pursuance of Part X;
“approved school” means a school established or appointed under section 65 and includes a centre;
“place” includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;
“place of assignation” means any place where communication is established with any child either directly or through intermediary for purposes of prostitution;
“place of refuge” means any place of refuge established or appointed under section 55;
“place of safety” means any place of safety established or appointed under section 54;
“place of detention”—
(b)
includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders;
“probation period” means the period for which a probationer is placed under supervision by a probation order;
“Deputy Director General” means the Deputy Director General of
Social Welfare.
(2)
In this Act, unless the context otherwise requires, the Federal
Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the
Federal Territory of Labuan shall each be regarded as a State.
22 Laws of Malaysia ACT 611
Part II
PART II
NATIONAL COUNCIL FOR CHILDREN
Establishment of the National Council for Children
Section 3
(2)
The functions of the Council are —
(a)
to advise and make recommendations to the Government on all issues and aspects relating to the care, protection, rehabilitation, development and participation of children at the national, regional and international level;
(b)
to develop programmes and strategies aiming at educating the society and to raise awareness throughout society, including at the family level, regarding the rights and dignity of a child;
(c)
to develop programmes aiming at educating the society in the prevention of child abuse and neglect as well as the prevention of child’s involvement in immoral or criminal acts;
(d)
to ensure that the standard of services provided by
Government agencies and departments, non-governmental bodies or organizations and private sectors for the care, protection and rehabilitation of children meet the needs of children;
(e)
to co-ordinate the various resources from all parties, including Government agencies and departments, non-governmental bodies or organizations and private sectors, who are involved in providing services for the care, protection, rehabilitation and development of children;
(f)
to co-ordinate and monitor the implementation of the national policy and national plan of action relating to
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children by Government agencies and departments, non-governmental bodies or organizations and private sectors;
(g)
to collect and collate data and information, and undertake and promote research, relating to the care, protection, rehabilitation, development and participation of children;
(h)
to design an efficient and effective management system throughout Malaysia for children in need of protection;
(i)
to promote the participation of children in the decision making process in matters affecting them;
(j)
to monitor the activities and performance of functions of
Child Protection Teams and Child Welfare Teams; and
(k)
to do such other things as it thinks fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
(3)
The Council shall have the power to do all things necessary or expedient for or in connection with the performance of its functions.
Funds
Section 3A
The Government shall allocate the Council with adequate funds annually to enable the Council to perform its functions under this Act.
Section 4
Membership of the Council
(a)
the Minister charged with the responsibility for welfare services who shall be the Chairman;
(b)
the Secretary General of Treasury or his representative;
24 Laws of Malaysia ACT 611
(c)
the Secretary General of the Ministry responsible for welfare services who shall be the Deputy Chairman;
(f)
the Secretary General of the Ministry responsible for human resources or his representative;
(g)
the Secretary General of the Ministry responsible for home affairs or his representative;
(h)
the Secretary General of the Ministry responsible for communications or his representative;
(p)
a representative from the ministry, in the State of Sabah, responsible for welfare services;
(q)
a representative from the ministry, in the State of Sarawak, responsible for welfare services;
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(r)
two representatives from amongst the children who shall be appointed by the Minister, on the recommendation of the Director General of Social Welfare; and
(s)
not more than five persons with appropriate experience, knowledge and expertise on matters relating to the welfare and development of children including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors, to be appointed by the Minister.
(2)
A member of the Council appointed under paragraph (1)(r)
or (s) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and shall be eligible for reappointment for a maximum period of two consecutive terms.
Revocation and resignation
Section 4A
(2)
Any member of the Council appointed under paragraph 4(1)(r)
or (s) may, at any time, resign by giving a one-month written notice to the Minister.
Meeting of Council
Section 5
(2)
Every meeting of the Council shall be presided over—
(b)
in the absence of the Chairman, by the Deputy Chairman;
or
26 Laws of Malaysia ACT 611
(c)
in the absence of the Chairman and Deputy Chairman, by a member elected by the members present from amongst themselves.
(3)
Seven members of the Council including at least one member of the Council appointed under paragraph 4(1)(r) shall form a quorum at any meeting of the Council.
(4)
If on any question to be determined there is an equality of votes, the Chairman, or the Deputy Chairman or the member referred to in paragraph (2)(c) if he is presiding over the meeting, shall have a casting vote in addition to his deliberative vote.
(4A)
The Council may invite any person to attend any of the meetings of the Council for the purpose of advising the Council on any matter under discussion but such person shall not be entitled to vote at the meeting.
(4B)
The members of the Council and any person invited to attend a meeting of the Council under subsection (4A) may be paid such allowances as the Minister may determine.
(5)
Subject to this Act, the Council may determine its own procedure.
Resolution without meeting
Section 5A
(2)
The following conditions shall be complied with:
(a)
all members of the Council have been informed of the proposed resolution or reasonable efforts have been made to inform all members of the Council of the proposed resolution; and
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(b)
all members of the Council indicate agreement with the proposed resolution in accordance with the method determined by the Council.
Establishment of committees
Section 6
(2)
A committee established under subsection (1)—
(b)
shall conform to and act in accordance with any direction given to it by the Council; and
(3)
Members of the committees established under subsection (1)
may be appointed from amongst members of the Council or such other persons as the Council thinks fit.
(4)
A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
(5)
The Council may revoke the appointment of any member of a committee without assigning any reason therefor.
(6)
A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.
(7)
The Council may, at any time, discontinue or alter the constitution of a committee.
(8)
A committee shall hold its meetings at such times and places as the chairman of the committee may determine.
28 Laws of Malaysia ACT 611
(9)
A committee may invite any person to attend a meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(10)
Except for members of the committee appointed from amongst members of the Council, any other persons appointed as members of the committees may be paid such allowance as the
Minister may determine.
Vacation of office
Section 6A
(b)
there has been proved against him, or he has been convicted of, a charge in respect of—
(i)
an offence involving fraud, dishonesty or moral turpitude;
(iii)
any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;
(e)
in respect of a member of the Council, he absents himself from three consecutive meetings of the Council without leave of the Chairman, and in respect of a member of a committee who is not a member of the Council, he absents
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himself from three consecutive meetings of the committee without leave of the chairman of the committee;
(f)
in respect of a member of the Council, his appointment is revoked by the Minister, and in respect of a member of a committee who is not a member of the Council, his appointment is revoked by the Council; or
(2)
Where a member of the Council appointed under paragraph 4(1)(r) or (s) ceases to be a member of the Council, by reason of any provision in this Act, the Minister may appoint another person to fill the vacancy for the remaining term for which the vacating member was appointed in accordance with the provisions applicable.
Establishment of Child Protection Teams
Section 7
(2)
A Child Protection Team shall consist of the following members:
(a)
not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the care and protection of children, to be appointed by the Minister;
(2A)
The Minister may appoint any member referred to in paragraph (2)(a) to be the chairman of a Child Protection Team.
30 Laws of Malaysia ACT 611
(3)
A Child Protection Team shall be supervised by a Protector and shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.
Establishment of Child Welfare Teams
Section 7A
(2)
A Child Welfare Team shall consist of the following members:
(a)
not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the protection and rehabilitation of children, to be appointed by the Minister;
(3)
The Minister may appoint any member referred to in paragraph (2)(a) to be the chairman of a Child Welfare Team.
(4)
A Child Welfare Team shall be supervised by a probation officer or Protector and shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.
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Part III
PART III
APPOINTMENT OF PROTECTOR, ETC.
Appointment and powers of Protectors
Section 8
(2)
A Protector —
(a)
shall have the power of a Magistrate in respect of the taking of evidence at any inquiry held by him under this
Act;
(b)
shall furnish to the Court a copy of the notes of such evidence when called upon to do so by order of the Court;
and
(c)
shall not be compellable in any judicial proceedings to answer any question as to the grounds of his decision or belief—
(i)
in any case dealt with by him under this Act; or
(ii)
as to anything which came to his knowledge in any inquiry made by him as Protector.
(3)
Every order or summons purporting to be issued by and under the hand and seal of the Protector in pursuance of this Act shall be received in evidence in any Court without further proof and shall be prima facie evidence of the facts stated in such order or summons.
(4)
All acts done in pursuance of any order or summons referred to in subsection (3) shall be deemed to have been authorized by law.
32 Laws of Malaysia ACT 611
Appointment of Assistant Protector
Section 8A
The Minister may, by notification in the Gazette, appoint any person to exercise the powers and perform the duties of an Assistant
Protector under sections 18, 19 and 20 subject to such conditions as may be specified in the notification.
Section 9
Appointment of Registrar General and Registrar
(2)
The Minister may appoint such number of public officers as he deems necessary by name or by office to be Registrars of Children.
(3)
The Registrar General shall have the general supervision and control of—
(b)
the registration of children in need of protection under this
Act.
Appointment of probation officers
Section 10
(2)
A probation officer when acting under a probation order shall be subject to the control of the Supervising Court.
(3)
In this section, “Social Welfare Officers” includes Social
Welfare Assistants.
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Part IV
PART IV
COURTS FOR CHILDREN
Constitution and jurisdiction of Court For Children
Section 11
(b)
exercising any other jurisdiction conferred or to be conferred on Courts For Children by or under this Act or by any other written law, shall be known as the “Courts For Children”.
(2)
A Court For Children shall consist of a Magistrate who, in the exercise of his functions as a Court For Children except when making an order under subsection 39(4), 42(4), 84(3) or 86(1), as the case may require, shall be assisted by two advisers to be appointed by the
Minister from a panel of persons resident in the State.
(4)
The functions of the advisers are—
(a)
to inform and advise the Court For Children with respect to any consideration affecting the order made upon a finding of guilt or other related treatment of any child brought before it; and
(5)
A Court For Children shall have jurisdiction to try all offences except offences punishable with death.
34 Laws of Malaysia ACT 611
(6)
Except as modified or extended by this Part, the Criminal
Procedure Code [Act 593] shall apply to Courts For Children as if
Courts For Children were Magistrates’ Courts.
Place of sitting and persons who may be present in Court For
Children
Section 12
(a)
either in a different building or room from that in which sittings of Courts other than Courts For Children are held;
or
(b)
on different days from those on which sittings of those other Courts are held.
(2)
If a Court For Children sits in the same building as other
Courts, the Court For Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court For Children with privacy.
(3)
No person shall be present at any sitting of a Court For Children except—
(b)
the children who are parties to the case before the Court, their parents, guardians, advocates and witnesses, and other persons directly concerned in that case; and
(c)
such other responsible persons as may be determined by the Court.
Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years
Section 13
Except as specified in this Act, any period specified in any order made by a Court For Children under this Act shall not extend beyond
Child 35
the date on which the child to whom the order relates attains the age of eighteen years.
Court For Children may order placement detention, etc., to extend beyond the date child attains the age of eighteen years
Section 14
(a)
the placement or detention of a child in a place of detention, place of refuge, probation hostel, approved school, Henry Gurney School, approved institution or centre;
(b)
the supervision of a child by a Social Welfare Officer,
Protector or probation officer, as the case may be;
(d)
the period of community service order, which has the effect of extending the period of such placement, detention, supervision, probation or community service beyond the date on which the child attains the age of eighteen years.
(2)
The order referred to in subsection (1) shall be complied with by the child and all parties to whom the order relates so long as the order remains in force and have effect.
Restrictions on media reporting and publication
Section 15
(a)
any step taken against a child concerned or purportedly concerned in any criminal act or omission, be it during the investigation or at the pre-trial, trial or post-trial stage;
36 Laws of Malaysia ACT 611
(b)
any child in respect of whom custody is taken under Parts
V, VI and VIII;
(ba) any child who is detained under Part VII;
(c)
any child in respect of whom any offence under any written law has been or is suspected to have been committed; or
(d)
any proceedings under Part VI , shall not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child so concerned either as being the person against or in respect of whom action is taken or as being a witness to the action.
(2)
A picture of—
(b)
any other person, place or thing which may lead to the identification of any child so concerned, shall not be published in any newspaper or magazine or transmitted through any electronic medium.
(3)
The Court For Children or, in urgent cases, a Magistrate—
(a)
may, if the Court For Children or Magistrate is satisfied that it is in the interest of justice to do so; and
(b)
shall, in the case of an application by or with the authority of a Protector, dispense with the requirements of this section to such an extent as the
Court or Magistrate may deem expedient.
(4)
Any person who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding ten
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thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(5)
For the purposes of this section, “transmit” includes broadcast by radio or television.
Presumption as to age
Section 16
(a)
it is alleged that the person who committed the offence was under or had attained any specified age; and
(b)
that person appears to the Court For Children to have been at the date of the commission of the alleged offence under or to have attained the specified age, as the case may be, he shall, for the purposes of this Act, be presumed at that date to have been under or to have attained that age, as the case may be, and any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated.
(2)
If the Court For Children is in doubt as to the exact age of the person who is alleged to have committed an offence, the certificate of a medical officer to the effect that, in his opinion, the person has or has not attained a specified age may be given in evidence, and the Court
For Children shall declare that person’s age for the purposes of this
Act.
(3)
The age so declared by the Court For Children under subsection (2) shall be deemed to be the true age of that person, unless and until the contrary is proved.
38 Laws of Malaysia ACT 611
Part V
PART V
CHILDREN IN NEED OF CARE AND PROTECTION
Chapter
CHAPTER 1
Meaning of child in need of care and protection
Section 17
(a)
the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or a relative;
(b)
the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse;
(i)
is unfit, or has neglected, or is unable, to exercise;
or
(ii)
has acted negligently in exercising, proper supervision and control over the child;
(d)
the parent or guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter;
(i)
has no parent or guardian; or
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(ii)
has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found,;
(i)
for the purpose of restoring or preserving his health; and
(ii)
his parent or guardian neglects or refuses to have him so examined, investigated or treated;
(g)
the child behaves in a manner that is, or is likely to be, harmful to himself or to any other person and his parent or guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the parent or guardian fail;
(i)
the child is a person in respect of whom any of the offences specified in the First Schedule or any offence of the nature described in sections 31 , 32 and 33 has been or is suspected to have been committed and his parent or guardian—
(i)
is the person who committed such offence or is suspected to have committed such offence; or
(i)
a member of the same household as the child referred to in paragraph (i); or
(ii)
a member of the same household as the person who has been convicted of the offence referred to in paragraph (i),
40 Laws of Malaysia ACT 611
and appears to be in danger of the commission upon or in respect of him of a similar offence and his parent or guardian—
(aa) is the person who committed or is suspected to have committed the offence;
(bb) is the person who is convicted of such offence; or
(k)
the child is allowed to be on any street, premises or place for the purposes of—
(i)
begging or receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale;
(ii)
carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child; or
(2)
For the purposes of this Part, a child is—
(a)
physically injured if there is substantial and observable injury to any part of the child’s body as a result of the non-accidental application of force or an agent to the child’s body that is evidenced by, amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscus, a burn, a scald, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth;
(b)
emotionally injured if there is substantial and observable impairment of the child’s mental or emotional functioning that is evidenced by, amongst other things, a mental or
Child 41
behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development;
(c)
sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of—
(i)
any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance; or
(ii)
sexual exploitation by any person for that person’s or another person’s sexual gratification.
Chapter
CHAPTER 2
TEMPORARY CUSTODY AND MEDICAL EXAMINATION
AND TREATMENT
Taking a child into temporary custody
Section 18
(a)
the taking of proceedings in relation to the child is undesirable in the best interests of the child; or
(2)
A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.
(3)
An Assistant Protector or police officer who takes a child into temporary custody under this section shall—
42 Laws of Malaysia ACT 611
(a)
immediately upon such taking, notify the Protector of such taking and cause the parent or guardian of the child to be notified of such taking; and
(4)
If a child who is taken into temporary custody under this section escapes or is removed without lawful authority, the Protector shall inquire into the circumstances of the case and notify the parent or guardian of the child of such escape or removal.
(5)
Any child who is taken into temporary custody under this section who escapes or is removed without lawful authority may be arrested without a warrant by a Protector, Assistant Protector or police officer.
(6)
If the child is arrested by a Protector, the child shall be brought before the Court For Children by the Protector in accordance with section 19.
(7)
If the child is arrested by an Assistant Protector or a police officer, the child shall be immediately brought before a Protector who shall bring the child before the Court For Children in accordance with section 19.
(8)
Any person who—
(1)
without lawful authority;
(b)
knowingly assists or induces, directly or indirectly, a child to escape from the temporary custody under subsection
(1)
; or
(c)
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the temporary custody under subsection (1),
Child 43
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Production before Court For Children
Section 19
Protector, Assistant Protector or police officer is satisfied that—
(2)
If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be temporarily placed in—
(b)
the care of a fit and proper person, until such time as the child can be brought before a Court For Children.
(3)
If a child is placed in a place of safety or centre or in the care of a fit and proper person under subsection (2)—
(a)
the person in charge of the place of safety or centre or such fit and proper person shall have the like control over, and responsibility for the maintenance of, the child as the parent of the child would have had; and
(b)
the child shall continue in the care of the person referred to in paragraph (a) notwithstanding that the child is claimed by his parent or guardian or any other person.
(5)
(Deleted by Act A1511).
44 Laws of Malaysia ACT 611
Child in need of medical examination or treatment
Section 20
(1A)
If an Assistant Protector or a police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Assistant Protector or police officer may, instead of bringing the child before a Protector under paragraph 18(3)(b), present the child before a medical officer.
(2)
If at the time of being taken into custody a child is a patient in a hospital, the Protector, Assistant Protector or police officer who takes the child into custody may leave the child in the hospital.
(2A)
If a child who is taken into temporary custody by an Assistant
Protector or a police officer—
(1A)
; or
(b)
is a patient in a hospital and left in the hospital under subsection (2), to be medically examined or treated, the Assistant Protector or police officer shall notify the Protector of such action.
(3)
If a Protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.
(3A)
If an Assistant Protector does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may, with
Child 45
the approval of a Protector, direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.
(4)
If the person referred to in subsections (3) and (3A) fails to comply within forty-eight hours with a direction made under that subsection, a Protector, Assistant Protector or police officer may take the child into temporary custody for the purpose of presenting the child before a medical officer.
Medical examination and treatment
Section 21
A medical officer before whom a child is presented under subsection 20(1), (1A) or (4) —
(b)
may, in examining the child and if so authorized by a
Protector or police officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the child’s condition; and
(c)
may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis.
Authorization of hospitalization
Section 22
If the medical officer who examines a child under section 21 is of the opinion that the hospitalization of the child is necessary for the purposes of medical care or treatment, a Protector or police officer may authorize the child to be hospitalized.
Section 23
Control over hospitalized children
If a child is hospitalized under section 22 , the Director General shall have the like control over, and responsibility for the maintenance
46 Laws of Malaysia ACT 611
of, that child as a person in charge of a place of safety would have had if the child had been placed in that place of safety.
Section 24
Authorization of medical treatment
(2)
If, in the opinion of a medical officer, the child referred to in section 21 is suffering from a serious illness, injury or condition or requires surgery or psychiatric treatment, a Protector or police officer—
(a)
shall immediately notify or take reasonable steps to notify and consult the parent or guardian of the child or any person having authority to consent to such treatment; and
(b)
may, with the written consent of the parent or guardian or such person, authorize such medical or surgical or psychiatric treatment as may be considered necessary by a medical officer.
(3)
If a medical officer has certified in writing that there is immediate risk to the health of a child, a Protector may authorize, without obtaining the consent referred to in subsection (2), such medical or surgical or psychiatric treatment as may be considered necessary by the medical officer but only under any of the following circumstances:
(a)
that the parent or guardian of the child or any person having authority to consent to such treatment has unreasonably refused to give, or abstained from giving, consent to such treatment;
(b)
that the parent or guardian or the person referred to in paragraph (a) is not available or cannot be found within a reasonable time; or
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(c)
the Protector believes on reasonable grounds that the parent or guardian or the person referred to in paragraph
(a)
has ill-treated, neglected, abandoned or exposed, or sexually abused, the child.
Steps to be taken after medical examination or treatment
Section 25
(2)
If it is not possible to bring the child before a Court For
Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be temporarily placed in—
(b)
the care of a fit and proper person, until such time as the child can be brought before a Court For Children.
(3)
A child who—
(b)
subsequently undergoes medical examination or treatment, shall be returned to the person from whose care the child was taken—
(aa) upon the completion of such examination or treatment; or
48 Laws of Malaysia ACT 611
(bb) if the child is hospitalized, upon his discharge from the hospital.
No liability incurred for giving authorization
Section 26
(a)
the Protector or police officer who authorizes such examination or treatment;
(c)
all persons acting in aid of the medical officer, shall not incur any liability at law by reason only that a child is examined or treated pursuant to that section.
(2)
Nothing contained in subsection (1) relieves a medical officer from liability in respect of the examination or treatment of a child which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the child or person having authority to consent to the examination or treatment.
Duty of medical officer or medical practitioner
Section 27
(2)
Any medical officer or registered medical practitioner who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
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(3)
If the registered medical practitioner referred to in subsection (1) is a medical officer, he may take the child referred to in that subsection into temporary custody until such time as the temporary custody of the child is assumed by a Protector or police officer.
Duty of member of the family
Section 28
(1)
commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Section 29
(2)
Any child care provider who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Information on children in need of care and protection
Section 29A
If any person, other than the persons referred to in sections 27,
28 and 29, has reason to believe that a child is physically or emotionally injured as a result of being ill-treated, neglected,
50 Laws of Malaysia ACT 611
abandoned or exposed, or is sexually abused, he may give such information to a Social Welfare Officer.
Section 30
Powers of Court For Children
(a)
order his parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the
Court For Children;
(b)
make an order placing the child in the custody of a fit and proper person for a period specified by the Court For
Children;
(c)
in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 17(1)(e), make an order—
(i)
placing the child in the care, custody and control of a foster parent found to be suitable by the
Director General for a period of two years from the date the child is placed in the care, custody and control of the foster parent or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety; or
(ii)
placing the child in the care of a fit and proper person for a period of two years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;
(ca) make an order placing the child in a centre for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;
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(d)
make an order placing the child in a place of safety for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter.
(1A)
In addition to an order made under paragraph (1)(a), (b), (c)
or (ca), the Court For Children may make an order placing the child under the supervision of—
(b)
other person appointed for the purpose by the Court For
Children, for a period specified by the Court For Children.
(1)
(c)
(i), the Director General shall, in order to give effect to the order, immediately endeavour to place the child in the care, custody and control of a foster parent.
(3)
If at any subsequent time the foster parent intends to return the child who has been placed in his care, custody and control under subparagraph (1)(c)(i), he shall report in person to the Protector and bring the child before the Protector, and the Protector shall place the child in a place of safety.
(4)
If during the period mentioned in paragraph (1)(c) the parent or guardian of the child concerned has not claimed the child or made any appearance, the Court For Children may—
(b)
if the Court is satisfied that reasonable steps have been taken by the Protector to trace the parent or guardian of the child, make an order placing the child for adoption by the foster parent or any person who wishes to adopt the child and in any such case—
52 Laws of Malaysia ACT 611
(aa) the parent’s or guardian’s consent for the adoption of the child shall be dispensed with; and
(bb) the Adoption Act 1952 [Act 257] (in the case of a child not professing the religion of Islam), the Registration of
Adoptions Act 1952 [Act 253], Sabah Adoption
Ordinance 1960 and Sarawak Adoption Ordinance [Cap 91] shall be construed accordingly.
(5)
In determining what order to be made under subsection (1), the
Court For Children shall treat the best interests of a child as the paramount consideration.
(6)
Before making an order under subsection (1) or (4), the Court
For Children shall consider and take into account any report prepared by the Protector which—
(a)
shall contain such information as to the family background, general conduct, home surrounding, school record and medical history of a child as may enable the
Court For Children to deal with the case in the best interests of the child; and
(b)
may include any written report of a Social Welfare
Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child.
(7)
In order to enable the Protector to prepare and submit the report referred to in subsection (6), the Court For Children may—
(a)
from time to time, adjourn the case for such periods not exceeding two months at a time; and
(b)
make in respect of the child, as an interim order having effect only during the period of adjournment, any order which the Court For Children could have made under subsection (1).
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(8)
A Court For Children may, in making any order under subsection (1), impose such conditions or give such directions as the
Court may deem fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:
(a)
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
(b)
if the child is placed at a place of safety, that the parent or guardian shall visit the child on a regular basis as determined by the Court For Children; or
(c)
if the child is in an educational institution, that the parent or guardian shall consult with the child’s teacher and head teacher or principal once a month.
(9)
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (8) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
(10)
An order under subsection (1) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.
(11)
Notwithstanding subsection (10), an order under subsection (1)
may be made if the Court For Children is satisfied on information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
(12)
If the Court For Children is not satisfied that a child brought before it under section 19 or 25 is in need of care and protection, the
Court For Children shall order the child to be returned to the care and custody of his parent or guardian.
(13)
A Court For Children may, on the application of—
54 Laws of Malaysia ACT 611
(c)
the parent or guardian of a child, amend, vary or revoke any order made under this section—
(aa) if the Court For Children is satisfied that it is in the best interests of the child to do so; or
(bb) upon proof that the circumstances under which the order was made have changed after the making of the order.
Chapter
CHAPTER 3
OFFENCES IN RELATION TO THE HEALTH AND
WELFARE OF CHILDREN
Ill-treatment, neglect, abandonment or exposure of children
Section 31
(a)
abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or
(b)
sexually abuses the child or causes or permits him to be so abused, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
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(2)
The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection—
(a)
to execute a bond with sureties to be of good behavior for such period and on such conditions as the Court thinks fit;
and
(3)
If a person who is ordered to execute a bond to be of good behaviour under subsection (2) fails to comply with any of the conditions of such bond, he shall be liable to a further fine not exceeding ten thousand ringgit or to a further imprisonment for a term not exceeding five years or to both.
(3A)
The community service referred to in paragraph (2)(b)—
(a)
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
(b)
shall be performed within the period not exceeding six months from the date of the order; and
(3B)
Any person who fails to comply with the order of the Court to perform community service under paragraph (2)(b) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
(4)
A parent or guardian or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to so provide from his own resources, he fails to provide adequate food, clothing, medical or dental treatment, lodging or care for the child.
(5)
A person may be convicted of an offence against this section notwithstanding that—
56 Laws of Malaysia ACT 611
(a)
suffering or injury to the health of the child in question or the likelihood of suffering or injury to the health of the child in question was avoided by the action of another person; or
Section 32
Any person who, being a person having the care of a child—
(a)
begging, receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale;
(b)
carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child; or
(c)
carrying out any other illegal activities, commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to perform community service.
(3)
The community service referred to in subsection (2)—
(a)
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
(b)
shall be performed within the period not exceeding six months from the date of the order; and
Child 57
(4)
Any person who fails to comply with the order of the Court to perform community service under subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
Offence to leave child without reasonable supervision
Section 33
(a)
without making reasonable provision for the supervision and care of the child;
(b)
for a period which is unreasonable having regard to all the circumstances; or
(c)
under conditions which are unreasonable having regard to all the circumstances, commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to perform community service.
(3)
The community service referred to in subsection (2)—
(a)
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
(b)
shall be performed within the period not exceeding six months from the date of the order; and
58 Laws of Malaysia ACT 611
(4)
Any person who fails to comply with the order of the Court to perform community service under subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
Chapter
CHAPTER 4
NOTIFICATION ON TAKING A CHILD INTO CARE,
CUSTODY OR CONTROL
Application and interpretation
Section 34
(i)
in pursuance of an order of a Court of competent jurisdiction; or
(ii)
by any Protector, Assistant Protector or police officer acting under this Act;
(b)
as an inmate of a place of safety or of an orphanage, hospital, institution or centre—
(i)
maintained by the Federal Government or by any of the State Governments; or
(c)
as a boarder at an educational institution registered under any written law relating to education; and
(d)
who is regularly attending an educational institution registered under any written law relating to education into
Child 59
the custody of a friend or relative of his parent or guardian with the consent of his parent or guardian.
(2)
In this Chapter, “guardian” of a child means a person—
(a)
lawfully appointed by deed or will or by the order of a competent Court to be the guardian of the child; or
(b)
who has lawfully adopted the child.
Notification of taking a child into care, custody or control
Section 35
(b)
the person in whose care the child was at the time of such taking, shall, not later than one week thereafter, notify the Protector of such taking.
(2)
On receiving any notification under subsection (1), the
Protector shall make such inquiry as he thinks fit as to—
(b)
the suitability for that purpose of the person who has taken the child into his care, custody or control.
(3)
If, after the inquiry referred to in subsection (2), the Protector deems it expedient to do so in the best interests of the child, he may either—
(a)
order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or
60 Laws of Malaysia ACT 611
(b)
permit the taking of the child on such terms and conditions as the Protector may require.
(4)
If the taking of a child by any person has been permitted under paragraph (3)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector, after taking into consideration that it is desirable to place a child in a family based care, may by warrant under his hand order that the child—
(i)
in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;
(iii)
in a place of safety, until the child attains the age of eighteen years or for any shorter period.
(5)
For the purposes of this section, a “person” includes an institution or a centre—
(a)
not maintained by the Federal Government or by any of the State Governments; or
(6)
A Protector shall, on receiving any notification under this section, record the particulars of such notification in a register in such form as may be prescribed.
(7)
Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten
Child 61
thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Subsequent obligations
Section 36
(a)
he intends to return the child to the care, custody or control of the parent or guardian of the child or any other person from whom the child was taken; or
(b)
without his knowledge or consent, the child has left his care, custody or control, report in person to the Protector and shall, whenever practicable, bring or cause to be brought before the Protector the child and the parent or guardian of the child or any other person from whom the child was taken.
(2)
On receiving a report under subsection (1), the Protector shall make a note of the report and shall if—
(a)
the child and the parent or guardian of the child or any other person from whom the child was taken are present at the time such report is received, return the child to his parent or guardian or such person, as the case may be; or
(b)
the parent or guardian of the child or any other person from whom the child was taken is not present at the time such report is received—
(i)
take the child into temporary custody until he can be returned to his parent or guardian or such person; and
62 Laws of Malaysia ACT 611
(ii)
immediately send written information to the last known place of residence of his parent or guardian or of such person.
(3)
Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Power of Protector to require child to be produced before him
Section 37
(2)
If a person on whom a summons has been served under subsection (1) fails to produce the child at the time and place specified in the summons, the Protector may apply to a Magistrate for a search warrant under section 111 to be issued to search for the child and to produce him before the Protector.
(3)
Any child named or described in such warrant may be temporarily—
(b)
placed in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require, until the Protector has completed his inquiry under this Chapter.
(4)
The Protector shall make such inquiry as he thinks fit as to—
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(a)
the circumstances and the reasons for the taking of the child referred to in subsection (1); and
(b)
the suitability of the person who has taken the child into his care, custody or control.
(5)
If, after the inquiry mentioned in subsection (4), the Protector deems it expedient in the best interests of the child, he may—
(a)
order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or
(b)
permit the taking of the child on such terms and conditions as the Protector may require.
(6)
If the taking of a child by any person has been permitted under paragraph (5)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector, after taking into consideration that it is desirable to place a child in a family based care, may by warrant under his hand order that the child—
(i)
in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;
(iii)
in a place of safety, until the child attains the age of eighteen years or for any shorter period.
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CHILDREN IN NEED OF PROTECTION AND REHABILITATION
Meaning of child in need of protection and rehabilitation
Section 38
A child is in need of protection and rehabilitation if the child—
(a)
is being induced to perform any sexual act, or is in any physical or social environment which may lead to the performance of such act;
(c)
is habitually in the company or under the control of brothel-keepers or procurers or persons employed or directly interested in the business carried on in brothels or in connection with prostitution. ;
(d)
has been brought into or is to be sent out of Malaysia and the custody of the child has been acquired either—
(i)
after having been purchased; or
(ii)
by fraud, false representation or false pretence, whether or not for the purposes of prostitution or for having sexual intercourse with another or for immoral purposes;
(e)
has been procured either within or outside Malaysia for the purpose of being used, trained or disposed of as a prostitute; or
(i)
for the purposes of prostitution or for having sexual intercourse with another or for immoral purposes; or
(ii)
for the purposes of being sent out of Malaysia for prostitution or for having sexual intercourse with another or for immoral purposes.
Removal of a child to place of refuge
Section 39
(1A)
If the person ordered under subsection (1) fails to comply within twenty-four hours with the order made under that subsection, the Protector or police officer may remove the child and temporarily place the child in a place of refuge.
(2)
Every child who is temporarily placed under subsections (1)
and (1A) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.
(3)
If it is not possible to bring a child before a Court For Children within the time specified in subsection (2), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For
Children.
(4)
If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children may order for the child to be placed in a place of refuge until an order is made by the Court under section 40.
(5)
If the Court For Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court For
66 Laws of Malaysia ACT 611
Children shall order the child to be returned to the care and custody of his parent or guardian.
Inquiry by Protector
Section 39A
(2)
The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date the order is made under subsection 39(4).
Powers of Court For Children in relation to a child in need of protection and rehabilitation
Section 40
(a)
make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as the Court
For Children may determine, for a period not exceeding three years from the date of the order subject to such conditions as the Court thinks fit for the proper care and guardianship of the child;
(b)
make an order placing the child for a period not exceeding three years from the date of the order in the care of a person whether a relative or not who is willing and whom the Court For Children considers to be a fit and proper person to undertake the care of such child;
(c)
make an order placing the child under the supervision of a
Social Welfare Officer appointed for the purpose by the
Court For Children, subject to such conditions as the Court
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thinks fit and for a period not exceeding three years from the date of the order;
(d)
make an order placing the child in a centre for a period not exceeding three years from the date of the order; or
(e)
make an order placing the child in a place of refuge for a period of three years from the date of the admission of the child into a place of refuge under subsection 39(1) or (1A), as the case may be, and the order shall be an authority for his placement in a place of refuge.
(2)
In determining what order to be made under subsection (1), the
Court For Children shall treat the best interests of a child as the paramount consideration.
(3)
An order under subsection (1) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.
(4)
Notwithstanding subsection (3), an order under subsection (1)
may be made if the Court For Children is satisfied on the information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
(5)
The order made under paragraph (1)(c) or (e) may have the effect of extending the period of such supervision or placement, as the case may be, beyond the date on which the child attains the age of eighteen years.
(6)
Notwithstanding paragraph (1)(e), the Board of Visitors of the place of refuge in which a child is being placed may reduce the period of the placement of the child but no reduction shall be made which will have the effect of enabling the child to be released from the place of refuge within twelve months from the date of his admission into the place of refuge as specified in that paragraph, except by the authority of the Minister.
(7)
The Court For Children shall, when making an order under paragraph (1)(c) or (e), order the parent or guardian of a child to
68 Laws of Malaysia ACT 611
execute a bond for the duration of the order with such conditions which may include—
(a)
in the case of paragraph (1)(c), ensuring that the child remains indoors within stipulated times; and
(b)
in the case of paragraph (1)(e), regular visits to the place of refuge where the child is placed.
(8)
Any child sent to a place of refuge under paragraph (1)(e) shall, on the expiration of the period of his placement whether—
(b)
by reason of any reduction made pursuant to subsection (6), be placed under the supervision of a Social Welfare Officer or other person appointed by the Protector for such purpose.
(9)
The period of supervision for the purpose of subsection (8) shall be determined by the Board of Visitors of the place of refuge on the recommendation of the Protector but shall not in any case exceed one year from the date of expiration of the period of placement of the child.
(10)
The Minister may, on the application of the child or his parent or guardian, exempt the child from the application of subsection (8) if he is satisfied that the case warrants such exemption.
(11)
Without prejudice to the powers of the Board of Visitors pursuant to subsection (6), the Court For Children may, on the application in writing made by—
(b)
the parent or guardian of the child to whom an order made under this section relates; or
(c)
the child,
Child 69
amend, vary or revoke any order made under this section—
(aa) if the Court For Children is satisfied that it is in the best interests of the child to do so; and
(bb) upon proof that the circumstances under which the order was made have changed after the making of the order.
(12)
A Court For Children may, in making any order under subsection (1), impose such conditions or give such directions as the
Court thinks fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:
(a)
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose; or
(b)
if the child is in an educational institution, that the parent or guardian of the child shall consult with the child’s teacher and head teacher or principal once a month.
(13)
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (12) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
(14)
Any person who fails to comply with the conditions of the bond under paragraph (1)(a) or subsection (7) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
Children in urgent need of protection
Section 41
(2)
A child is in urgent need of protection if there is reasonable cause to believe that—
(a)
the child is being threatened or intimidated for purposes of prostitution or for purposes of having sexual intercourse with another or for any immoral purpose;
(b)
the child is to be confined or detained by another in contravention of this Part;
(c)
an offence against this Part is being or likely to be committed in respect of the child; or
(3)
Subject to subsections (4) and (5), and if circumstances warrant it, the person in charge of any place of refuge may, on an application made to him by the child or by the parent or guardian of the child, receive into the place of refuge any child who is in urgent need of protection.
(4)
If the person in charge of a place of refuge receives any child under subsection (3), that child shall be brought before a Protector within twenty-four hours of his admission into the place of refuge with a full report of the circumstances.
(5)
A child admitted under this section is permitted to reside in the place of refuge only so long as the Protector is satisfied that the child is in urgent need of protection under this section.
(6)
The Protector—
(b)
before whom a child is brought under subsection (4), shall immediately inform the Court For Children of such admission with a full report of the circumstances and shall in the like manner inform the Court of his departure.
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(7)
The Protector may impose such conditions or give such directions as he thinks fit for the purpose of ensuring the safety and well-being of the child received or brought under this section, and such conditions or directions may include the following:
(a)
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
(b)
that the parent or guardian of the child shall visit the child on a regular basis as determined by the Protector; or
(c)
that the parent or guardian of the child accompanied by the child shall attend counselling sessions conducted by a counsellor.
Section 42
(Deleted by Act A1511).
OFFENCES
Section 43
(a)
sells, lets for hire or otherwise disposes of, or buys or hires or otherwise obtains possession of, a child with intent that the child is to be employed or used for the purpose of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used;
(b)
procures a child for purposes of prostitution or for the purposes of having sexual intercourse with any other person, either within or outside Malaysia;
(c)
by or under any false pretence, false representation, or fraudulent or deceitful means made or used, either within
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or outside Malaysia, brings or assists in bringing into, or takes out of or assists in taking out of, Malaysia, a child with intent that the child is to be employed or used for purposes of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used;
(d)
brings into Malaysia, receives or harbours a child knowing or having reason to believe that the child has been procured for purposes of prostitution or for the purposes of having sexual intercourse with any other person or for immoral purposes, either within or outside Malaysia, and with intent to aid such purpose;
(e)
knowing or having reason to believe that a child has been brought into Malaysia in the circumstances as set out in paragraph (c) or has been sold, let for hire, or hired or purchased in the circumstances as set out in paragraph (a), or in contravention of any other written law receives or harbours the child with intent that he is to be employed or used for purposes of prostitution either within or outside
Malaysia;
(g)
detains a child in any place against the child’s will with intent that the child is to be employed or used for purposes of prostitution or for any unlawful or immoral purpose;
(h)
by means of any advertisement or other notice published in any manner or displayed in any place offers a child for purposes of prostitution or seeks information for that purpose or accepts such advertisement or notice for publication or display;
(i)
acts as an intermediary on behalf of a child or exercises control or influence over the movements of a child in such a manner as to show that the person is aiding or abetting or controlling the prostitution of that child;
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(j)
engages or hires, for any valuable consideration, a child to provide services for that person’s sexual gratification;
(k)
attempts to do any act in contravention of this section, commits an offence and shall on conviction—
(aa) in the case of offences under paragraphs (a) to (h) or paragraph (k), be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding fifteen years or to both; and
(bb) in the case of an offence under paragraph (i) or (j), be liable to a fine not exceeding fifty thousand ringgit and to imprisonment for a term of not less than three years but not more than fifteen years and shall also be punished with whipping of not more than six strokes.
(2)
Any person who is convicted of a second or subsequent offence—
(a)
under paragraphs (1)(a) to (g) or paragraph (1)(k), shall be liable to whipping of not more than ten strokes; and
(b)
under paragraphs (1)(i) or (j), shall be punished with whipping of not less than six strokes but not more than ten strokes, in addition to any term of imprisonment imposed in relation to such offence.
(3)
Sections 173A and 294 of the Criminal Procedure Code shall not apply in respect of offences under paragraphs (1)(i) and (j).
Presumptions relating to section 43
Section 44
For the purposes of section 43, it shall be presumed until the contrary is proved that a person—
74 Laws of Malaysia ACT 611
(a)
who takes or causes to be taken into a brothel a child has disposed of the child with the intent or knowledge mentioned in paragraph 43(1)(a);
(b)
who receives a child into a brothel or harbours a child in a brothel has obtained possession of the child with the intent or knowledge mentioned in paragraph 43(1)(a);
(c)
has detained a child in any brothel or in any place against the child’s will if, with intent to compel or induce him to remain in the brothel or the place, that person—
(i)
withholds from the child any wearing apparel or any other property belonging to the child or any wearing apparel commonly or last used by the child;
(ii)
threatens the child with legal proceedings if the child takes away any wearing apparel or any other property which has been lent or hired out or supplied to the child;
(iii)
threatens the child with legal proceedings for the recovery of any debt or alleged debt or uses any other threat; or
(iv)
without any lawful authority detains the child’s identity card issued under the law relating to national registration or the child’s passport.
Placement pending proceedings
Section 45
(a)
with respect to whom a scheduled offence is alleged to have been committed; and
(b)
whom the Court considers to be in need of protection,
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to be placed temporarily in a place of refuge until the determination of the proceedings against the person charged but the placement shall not extend beyond the date on which the child attains the age of eighteen years.
(2)
Notwithstanding the determination of the proceedings, the
Court may, on an application made by the Protector and if the Court is satisfied that a child is in need of protection, order the placement of the child in a place of refuge but the placement shall not extend beyond the date on which the child attains the age of eighteen years.
Part VII
PART VII
BEYOND CONTROL
Children beyond control
Section 46
(a)
by a parent or guardian of a child, on the ground that the parent or guardian is unable to exercise proper supervision and control over the child and the child is falling into bad association; or
(b)
by a Protector in the case of a child who has no parent or guardian or has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, on the ground that the child is not under proper supervision and control and the child is falling into bad association.
(2)
Upon receiving the application under paragraph (1)(a), the
Court For Children shall ascertain that the parent or guardian—
(3)
After receiving the application under subsection (1) and in the case of the application made under paragraph (1)(a) the ascertainment under subsection (2) has been made, the Court For Children—
(b)
shall direct the probation officer to prepare and submit a probation report to the Court For Children for the Court to determine whether an order under subsection (5) may be made in respect of the child; and
(c)
may order the child to be temporarily detained in a probation hostel or centre if it considers necessary to do so.
(4)
In order to enable the probation officer to prepare and submit the probation report referred to in paragraph (3)(b), the Court For
Children may, from time to time, adjourn the case for such period not exceeding one month at a time.
(5)
The Court For Children may, after considering the probation report referred to in paragraph (3)(b) and taking into consideration that it is desirable to place a child in a family based care—
(i)
a probation officer; or
(ii)
any person appointed for the purpose by the Court, for a period specified by the Court.
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(6)
In addition to an order made under paragraph (5)(a), (b) or (c), the Court For Children shall make an order placing the child under the supervision of—
(b)
any person appointed for the purpose by the Court, for a period not exceeding three years from the date of the order.
(7)
The Court For Children may, in making any order under subsection (5), impose such conditions or give such directions as the
Court thinks fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:
(a)
that the parent or guardian of the child shall visit the child on a regular basis as determined by the Court For
Children;
(b)
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
(c)
that the parent or guardian of the child accompanied by the child shall attend counselling sessions conducted by a counsellor; or
(d)
if the child is in an educational institution, that the parent or guardian of the child shall consult with the child’s teacher and head teacher or principal once a month.
(8)
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (7) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
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Supervision by probation officer
Section 47
Children to detain a child in a probation hostel or centre—
(a)
shall, while the order remains in force, visit, advise and befriend the child; and;
(b)
may, if it appears necessary to do so, at any time while the order remains in force, bring the child before the
Supervising Court.
(2)
The Supervising Court before whom a child is brought under paragraph (1)(b) may amend the order made under section 46—
(a)
if the Supervising Court is satisfied that it is in the best interests of the child to do so; and
(b)
upon proof that the circumstances under which the order was made have changed after the making of the order, and a copy of the amending order shall be given to the Court For
Children in which the order was made under section 46.
Part VIII
PART VIII
TRAFFICKING IN AND ABDUCTION OF CHILDREN
Unlawful transfer of possession, custody or control of child
Section 48
(2)
Any person who without lawful authority or excuse harbours or has in his possession, custody or control a child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Malaysia commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
(3)
For the purposes of subsection (2), if any person harbours or has in his possession, custody or control a child without lawful authority or excuse, the child shall, until the contrary is proved, be presumed to be a child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration.
(4)
It shall be a defence in any prosecution under this section to prove that—
(a)
the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption; and
(b)
at least one of the natural parents of the child or the guardian of the child was a consenting party to the marriage or to the adoption by the adopting party, and had expressly consented to the particular marriage or adoption.
Importation of child by false pretences
Section 49
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(b)
by fraudulent or deceitful means used, either within or outside Malaysia, brings or assists in bringing a child into Malaysia commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
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Examination of child and person in charge
Section 50
A Protector or any person authorized in writing by a Protector may require—
(b)
any person who may appear to have the custody or control of such child, to appear before him, at any reasonable time and at any convenient place, to be examined pursuant to section 113.
Protector may require security
Section 51
If a Protector has reasonable cause to believe that a child—
(i)
after having been transferred for valuable consideration; or
(b)
has been transferred to the custody or control of any person for valuable consideration either within or outside
Malaysia; or
(c)
is being detained against his will by some person other than his parent or guardian, the Protector may—
(aa) require any person in whose custody or under whose control the child appears to be—
(i)
to furnish him with copies of the child’s and that person’s own photographs; and
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(A)
will not leave the area or the State in which he then is without the prior written consent of the
Protector;
(B)
will not be transferred to the care or custody of any other person without the prior written consent of the Protector; and
(C)
will be produced before the Protector whenever the Protector requires; or
(bb) in the first instance, or if default be made in complying with any order made under paragraph (aa), make an order that—
(i)
the child be taken out of the custody of the person in whose care, custody or control the child is and placed the child in a place of safety; or
(ii)
on such security and on such conditions as the
Protector may require, the child be placed in the custody of a relative or other fit and proper person, until the child attains the age of eighteen years or for any shorter period.
Offence of taking or sending out a child without appropriate consent of person having lawful custody
Section 52
(b)
takes or sends out a child, whether within or outside
Malaysia,
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without the consent of the person who has the lawful custody of the child commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
A person has lawful custody of a child under this section if he has been conferred custody of the child by virtue of any written law or by an order of a Court, including a Syariah Court.
(3)
It shall be a defence under this section if a parent or guardian takes or sends a child away without the consent of the person having lawful custody of the child if—
(i)
does it in the belief that the other person consented, or would have consented, if he was aware of all the relevant circumstances; or
(ii)
has taken all reasonable steps to communicate with the other person but has been unable to communicate with him;
(b)
the parent or guardian has reasonable grounds to believe that the child is being abused, neglected, abandoned or exposed in a manner likely to cause the child physical or emotional injury; or
(c)
the other person has unreasonably refused to consent although he was aware of all the relevant circumstances.
Recovery order
Section 53
Any parent or guardian who—
(2)
A recovery order may be made by the Court on application being made by or on behalf of any person who has the lawful custody of the child.
(3)
For the purposes of this section, a “recovery order” may—
(a)
direct any person who is in a position to do so to produce the child on request to any authorized person;
(c)
require any person who has information as to the child’s whereabouts to disclose that information to the authorized person;
(d)
authorize any police officer to enter into any premises specified in the order and search for the child, using reasonable force if necessary.
(4)
Any person who intentionally obstructs an authorized person from exercising the powers under subsection (3) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.
PART VIIIA
CENTRE
Minister may approve centres
Section 53A
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(2)
The Minister shall cause centres to be inspected for the purpose of ensuring the safety and well-being of children placed in such centres.
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Part IX
PART IX
INSTITUTIONS
PLACES OF SAFETY AND PLACES OF REFUGE
Places of safety
Section 54
(2)
The Minister may at any time direct the closing of any place of safety established or appointed under subsection (1).
Places of refuge
Section 55
(2)
The Minister may at any time direct the closing of any place of refuge established or appointed under subsection (1).
Aftercare of child released from place of refuge
Section 55A
If a child is sent to a place of refuge, the Court For Children making the order shall, at the same time, make an order that after the expiration of the period of his placement he shall, for a period of one year, be under the supervision of—
(b)
such other person as the Child Welfare Team may appoint.
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Child who escapes or is removed from place of safety or place or refuge
Section 56
Any child who escapes or is removed from a place of safety or place of refuge without lawful authority—
(a)
may be arrested without a warrant by any Protector or police officer and shall be brought back to the place of safety or place of refuge; and
(i)
in the case of a place of safety, for such period which is equal to the unexpired residue of his stay under the order originally made by the Court For
Children; and
(ii)
in the case of a place of refuge, for such period which is equal to the period during which he was unlawfully at large and for the unexpired residue of his term of placement under the order originally made by the Court For Children.
Offence of removing or helping a child to escape from place of safety or place of refuge
Section 57
Any person who—
(a)
removes a child from a place of safety or place of refuge without lawful authority;
(b)
knowingly assists or induces, directly or indirectly, a child to escape from a place of safety or a place of refuge; or
(c)
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the place of safety or place of refuge,
86 Laws of Malaysia ACT 611
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
PLACES OF DETENTION
Section 58
(2)
A child shall ordinarily be remanded in custody in a place of detention established or appointed under this Act and situated in the same State in which is situated the Court For Children by which the child is remanded.
(3)
The order or judgment in pursuance of which a child is committed to custody in a place of detention shall be—
(a)
delivered with the child to the person in charge of the place of detention; and
(b)
an authority for his detention in the place of detention in accordance with the terms of the order or judgment.
(4)
A child while being detained and while being conveyed to and from the place of detention shall be deemed to be in lawful custody.
(5)
The Minister—
(i)
as to the classification, treatment, employment and control of children detained in such places of detention; and
(ii)
to provide for the appointment of fit and proper persons to visit periodically children detained in such places of detention.
Child who escapes or is removed from place of detention
Section 59
Any child who escapes or is removed from a place of detention without lawful authority—
(a)
may be arrested without a warrant by any probation officer or police officer and be brought back to the place of detention; and
(b)
shall be detained in the place of detention for the unexpired residue of his term of detention under the order originally issued by the Court For Children.
Offence of removing or helping a child to escape from place of detention
Section 60
Any person who —
(b)
knowingly assists or induces, directly or indirectly, a child to escape from a place of detention; or
(c)
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the place of detention,
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commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
PROBATION HOSTELS
Section 61
(2)
The Minister may make regulations for the regulation, management and inspection of probation hostels.
Child under ten years of age not to be sent to probation hostels
Section 62
A Court For Children shall not make an order requiring a child under the age of ten years to be sent to a probation hostel.
Section 62A
Aftercare of child released from probation hostel
If a child is sent to a probation hostel, the Court For Children making the order shall, at the same time, make an order that after the expiration of the period of his detention he shall, for a period of one year, be under the supervision of—
(b)
such other person as the Child Welfare Team may appoint.
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Child who escapes or is removed from probation hostel
Section 63
(a)
may be arrested without a warrant by any probation officer or police officer; and
(2)
If the child is brought before the Supervising Court under paragraph (1)(b)—
(a)
in the case of a child detained in a probation hostel under paragraph 46(5)(c), the Supervising Court may exercise its power under subsection 47(2); and
(b)
in the case of a probationer, the Supervising Court may deal with the child for the offence for which he was sent to the probation hostel in the same manner in which the
Supervising Court could deal with him if it had found him guilty of that offence.
Offence of removing or helping a child to escape from probation hostel
Section 64
Any person who—
(b)
knowingly assists or induces, directly or indirectly, a child to escape from a probation hostel; or
(c)
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the probation hostel,
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commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
APPROVED SCHOOLS
Section 65
(2)
The Minister may classify such approved schools—
(b)
in such other ways as he may think fit so as to ensure that a child sent to an approved school is sent to a school appropriate to his case.
Child under ten years of age not to be sent to approved school
Section 66
A Court For Children shall not make an order requiring a child under the age of ten years to be sent to an approved school.
Section 67
When a child can be sent to approved school
(b)
the probation report submitted to the Court For Children shows that the child is in need of institutional rehabilitation; and
(c)
it appears to the Court For Children that although the offence committed is not serious in nature but it is expedient that the child be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation, the Court For Children shall, after considering the probation report, send the child to an approved school.
(2)
If a Court For Children orders a child to be sent to an approved school, the order shall be an authority for his detention in that approved school for a period of three years from the date of the order.
(3)
Notwithstanding subsection (2) the Board of Visitors of the approved school to which a child is sent may, in their discretion—
(a)
shorten the period of detention for reasons which appear to them to be sufficient; or
(b)
permit any such child to be released for such period and upon such conditions as they may deem fit to impose.
(4)
A child shall not be permitted to be released from an approved school under paragraph (3)(b) during the first twelve months of the period of detention without the consent in writing of the Minister.
Approved school order to be delivered to the authority, etc., who conveys child to the school
Section 68
If —
(2)
The Court For Children which makes an approved school order shall cause all such information in the possession of the Court with respect to a child as is in the opinion of the Court should be known by the person for the time being in charge of the school, to be transmitted to the person for the time being in charge of the school.
(3)
If a child has been ordered to be sent to an approved school, any person who knowingly harbours or conceals him after the time has come for him to go to the school commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(4)
If a person authorized to take a child to an approved school is, when the time has come for him to go to the school, unable to—
(b)
obtain possession of the child, the Court For Children may, if satisfied by information on oath or affirmation that there is reasonable ground for believing that some person named in the information can produce the child, issue a summons requiring the person so named to attend at the Court on such day as may be specified in the summons and produce the child.
(5)
If the person referred to in subsection (4) fails to comply with the requisition under that subsection without reasonable excuse he shall, in addition to any other liability to which he may be subject to under this Act, on conviction be liable to a fine not exceeding ten thousand ringgit.
Further detention in approved school beyond period of order
Section 69
If the person for the time being in charge of an approved school is satisfied that a child—
(a)
whose period of detention in the approved school is about to expire needs further care or training; and
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(b)
cannot be placed in suitable employment without such further care or training, he may, if the Board of Visitors of the approved school consent, detain him for a further period not exceeding six months but any such period shall not extend beyond the date the child attains the age of eighteen years.
Aftercare of child released from approved school
Section 70
If a child is sent to an approved school, the Court For Children making the order shall, at the same time, make an order that after the expiration of the period of his detention he shall, for a period of one year, be under the supervision of—
(b)
such other person as the Child Welfare Team may appoint.
Escape from approved school, etc., or failure to return to approved school after expiry of leave, etc.
Section 71
(a)
escapes from the approved school in which he is detained, or from any hospital, home or place in which he is receiving medical attention;
(b)
being absent from the approved school on temporary leave of absence or with permission—
(i)
runs away from the person in whose charge he is;
or
(ii)
fails to return to the approved school upon the expiration of his leave, or upon the revocation of such permission; or
94 Laws of Malaysia ACT 611
(c)
being absent from the approved school under supervision, fails to return to the approved school upon being recalled, may be arrested without a warrant by a probation officer or police officer and be brought before the Court For Children where the child is found or the approved school is situated.
(2)
If a child brought before a Court For Children under subsection (1) is under the age of fourteen years, the Court For
Children shall order the child to be brought back to the approved school or to be sent to another approved school for—
(a)
a period which is equal to the period during which he was unlawfully at large;
(c)
such period not exceeding six months as the Court may direct, in addition to the periods mentioned in paragraphs
(3)
If a child brought before the Court For Children under subsection (1) has attained the age of fourteen years, the Court For
Children may order the child—
(a)
to be brought back to the approved school or to be sent to another approved school for—
(i)
a period equal to the period during which he was unlawfully at large;
(b)
if circumstances warrant it and on the recommendation of the probation officer the Court thinks it necessary to do so, to be sent to a Henry Gurney School for such period as the
Court may direct.
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Offence of removing or helping a child to escape from approved school
Section 72
Any person who—
(b)
knowingly assists or induces, directly or indirectly, a child to escape from an approved school; or
(c)
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the approved school, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Chapter
CHAPTER 5
HENRY GURNEY SCHOOLS
Section 73
The Minister may, by notification in the Gazette, establish or appoint such Henry Gurney Schools as may be required for the purposes of this Act.
Commissioner General of Prison’s Standing Orders in respect of
Section 73A
Henry Gurney School
The Commissioner General of Prison may issue the
Commissioner General of Prison’s Standing Orders in respect of Henry
Gurney School which shall be consistent with this Act or any regulations made under this Act.
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Child under fourteen years of age not to be sent to Henry Gurney
Section 74
School
A Court For Children shall not make an order requiring a child under the age of fourteen years to be sent to a Henry Gurney School.
Section 75
When a child can be sent to Henry Gurney School
(b)
the probation report submitted to the Court For Children shows that the child is not suitable to be rehabilitated in an approved school; and
(i)
that the offence committed is serious in nature; and
(ii)
by reason of the nature of the child’s criminal habits and tendencies it is expedient that the child be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, the Court For Children shall, after considering the probation report, send the child to a Henry Gurney School.
(2)
If a Court For Children orders a child aged fourteen years or above to be sent to a Henry Gurney School—
(i)
an authority for his detention for a period of three years from the date of the order; and
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(ii)
valid for his detention up to but not after he has attained the age of twenty-one years; and
(i)
for the words “approved school” wherever appearing there shall be substituted the words
“Henry Gurney School”;
(ii)
in section 69, for the words “the Board of Visitors of the approved school consent” there shall be substituted the words “the Commissioner General of Prison in the case of a Henry Gurney School consents” and the age referred to in that section shall be increased by three years. ; and
(iii)
in subsection 71(1), for the words “probation officer” there shall be substituted the words “prison officer”.
(3)
Notwithstanding subsection (2). The Commissioner General of
Prison may, in his discretion—
(a)
shorten the period of detention of a child in a Henry
Gurney School for reasons which appear to him to be sufficient; or
(b)
release any such child with permission for such period and upon such conditions as he may deem fit to impose.
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Chapter
CHAPTER 6
SPECIAL PROVISIONS IN RELATION TO PLACES OF SAFETY,
PLACES OF REFUGE, APPROVED SCHOOLS
AND HENRY GURNEY SCHOOLS
Power in respect of persons of eighteen years but under twenty-one years of age
Section 76
Notwithstanding anything in this Act, the High Court, a Sessions
Court and a Magistrate’s Court shall have the power to order the detention, in a Henry Gurney School, up to but not after he has attained the age of twenty-one years, of any person who has attained the age of eighteen years but has not attained the age of twenty-one years at the date of making such order.
Power of Minister to remove person undergoing imprisonment to
Section 77
Henry Gurney School
(a)
has attained the age of eighteen years but has not attained the age of twenty-one years; and
(b)
is in prison under a sentence of imprisonment, to be removed to a Henry Gurney School.
(2)
If a warrant is made under subsection (1)—
(a)
the unexpired residue of that person’s prison sentence shall be deemed to be cancelled; and
(b)
such warrant shall be an authority for the detention of that person in the Henry Gurney School under this Act until the date when his sentence, less any remission for good conduct earned while serving his sentence in prison, would, but for this section, have expired.
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(3)
A warrant under subsection (1) shall not be made unless the age of the person and the unexpired residue of his sentence of imprisonment permit him to be detained in the Henry Gurney School for not less than two years.
Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School
Section 78
(2)
If a warrant is made under subsection (1)—
(a)
the unexpired residue of that child’s prison order shall be deemed to be cancelled; and
(b)
such warrant shall be an authority for the detention of that child in the approved school or the Henry Gurney School, as the case may be, under this Act until the date when his prison order, less any remission for good conduct earned while serving his term of imprisonment, would, but for this section, have expired.
(3)
The Minister may, at any time for reasons which appear to him to be sufficient, by order in writing direct the removal of any child from—
(a)
an approved school to any other approved school or to a
Henry Gurney School; or
(b)
a Henry Gurney School to any other Henry Gurney School or to an approved school, as may be specified in the order.
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Power to substitute term of detention to term of imprisonment
Section 79
If it is made to appear to any Court For Children upon the application of the person in charge of any approved school or Henry
Gurney School that any child detained in the approved school or Henry
(a)
has been guilty of a serious and wilful breach of the rules of the approved school or Henry Gurney School;
(b)
has been guilty of inciting other inmates of the approved school or Henry Gurney School to such a breach; or
(c)
is incorrigible or exercising a bad influence on the other inmates of the approved school or Henry Gurney School, the Court For Children may substitute for the unexpired residue of the term of detention of that child such term of imprisonment not exceeding the unexpired residue as the Court may determine.
Transfer of child from one place of safety or place of refuge to another place of refuge
Section 80
Gurney School under this Act—
Without prejudice to any written law relating to immigration, whenever an order has been made under this Act for the detention of a child in a place of safety or place of refuge and it appears to the
Director General that in the best interests of the child it is expedient that he be transferred from that place of safety or place of refuge to another place of safety or place of refuge within Malaysia, it shall be lawful for the Director General to issue an order that the child shall be so transferred.
Child or person placed or detained to be subject to regulations
Section 81
Child 101
Every child placed or detained in any place of safety or place of refuge, place of detention, probation hostel, approved school or Henry
Gurney School, or every person detained in a Henry Gurney School under this Act shall during the period of the child’s or person’s placement or detention, be subject to such regulations as may be prescribed.
Section 82
Board of Visitors
The Minister may appoint for each place of safety, place of refuge, approved school and Henry Gurney School a Board of Visitors to perform such duties and functions as the Minister may prescribe.
Part X
PART X
CRIMINAL PROCEDURE IN COURT FOR CHILDREN
CHARGE, BAIL, ETC.
Criminal procedure for children to be in conformity with this Act
Section 83
(2)
When a child is charged with an offence before a Court For
Children and during the pendency of the case he attains the age of eighteen years the Court For Children shall, notwithstanding any
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provisions of this Act, continue to hear the charge against the child and may—
(c)
if the offence is punishable with imprisonment, impose any term of imprisonment which could be awarded by a
Sessions Court.
(3)
When an offence is committed by a child but a charge in respect of that offence is made against the child after he has attained the age of eighteen years, the charge shall be heard by a Court other than a
Court For Children and that other Court may exercise the power mentioned in paragraph (2)(a), (b) or (c).
(4)
A charge made jointly against a child and a person who has attained the age of eighteen years shall be heard by a Court other than a Court For Children and that other Court shall—
(a)
exercise in respect of the child all the powers which may be exercised under this Act by a Court For Children; and
(b)
before exercising the powers referred to in paragraph (a), consider the probation report.
Arrest
Section 83A
(b)
the child forcibly resists the endeavour to arrest him or attempts to evade the arrest.
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(2)
When a child is arrested, he shall be informed of his grounds of arrest, and a police officer shall, as soon as may be, before commencing any form of questioning or recording of any statement from the child, communicate to the parent or guardian, or relative of the child and a probation officer to inform—
(3)
A police officer may allow the probation officer and the parent or guardian of a child to be present at the place where the child is being detained after arrest to ensure the child’s welfare.
(4)
Nothing in this section shall be deemed to affect the powers of a police officer to deal with a child arrested in accordance with the
Criminal Procedure Code.
Bail
Section 84
(2)
If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be remanded in a place of detention until such time as the child can be brought before the Court For Children.
(3)
The Court For Children before whom a child is brought shall inquire into the case and unless—
(a)
the charge is one of murder or other grave crime;
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(b)
it is necessary in the best interests of the child arrested to remove him from association with any undesirable person;
or
(c)
the Court For Children has reason to believe that the release of the child would defeat the ends of justice, the Court For Children shall release the child on a bond, with or without sureties, for such amount as will, in the opinion of the Court
For Children, secure the attendance of that child upon the hearing of the charge, being executed by his parent or guardian or other responsible person.
(4)
Nothing in this section shall be deemed to affect the powers of a police officer to release the child arrested on bail in accordance with the Criminal Procedure Code.
Separation of child from adult in police stations, places of detention or Courts
Section 85
Appropriate arrangements shall be made—
(i)
being conveyed to or from a police station or place of detention;
(iv)
waiting before or after attendance in any Court, from associating with an adult who is charged with an offence;
(b)
to ensure that a child, if a girl, while being so detained or conveyed, or waiting, is under the care of a woman; and
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(i)
being arrested;
(v)
waiting before or after attendance in any Court, from being recorded in any manner on tape or film or by any electronic medium.
Custody of child not discharged on bail after arrest
Section 86
(b)
he is of so unruly or depraved a character that he cannot be safely so detained; or
(c)
by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him.
(2)
Under the circumstances referred to in paragraph (1)(a), (b) or
(c)
, the Court For Children shall have the power to order the child to be detained—
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(a)
in a police station, police cell or police lock-up, separate or apart from adult offenders; or
(3)
If an order for detention in a mental hospital is made under subsection (2), Chapter XXXIII of the Criminal Procedure Code shall apply with such modifications as may be necessary.
Submission of information by police officer after arrest
Section 87
Children certifies that—
(b)
if the child is charged with any offence, cause to be transmitted to the probation officer a copy of the charge and other information necessary to enable the probation officer to take such action as may be necessary to prepare or obtain, as the case may be, a probation report.
TRIALS
Parent or guardian required to attend
Section 88
(2)
Any parent or guardian of a child who fails to attend the Court
For Children when required to do so under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Parent or guardian may be required to withdraw
Section 89
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If in any case the Court For Children considers it necessary in the best interests of the child, the Court may require his parents or guardian, as the case may be, to withdraw from the Court.
Section 90
Procedure in Court For Children
(2)
The duty referred to in subsection (1) may be undertaken, under the supervision of the Court by—
(3)
After the substance of the alleged offence has been explained to the child, the Court shall ask the child whether he admits the facts constituting the offence.
(4)
If the child admits the facts constituting the offence, the Court shall—
(a)
ascertain that the child understands the nature and consequences of his admission; and
(5)
If the child does not admit the facts constituting the offence, the Court shall then hear the evidence of the witnesses in support thereof.
(6)
At the close of the evidence in chief of each witness, the witness may be cross-examined by or on behalf of the child.
(7)
The Court For Children shall, except if the child is legally represented, allow the child’s parents or guardian or any relative or other responsible person to assist him in conducting his defence.
(8)
If in any case where the child is not legally represented or assisted in his defence as provided for in subsection (7), the child, instead of asking questions by way of cross-examination, makes assertions, the Court For Children—
(a)
may put to the child such questions as may be necessary in order to bring out, or explain anything in, the assertions of the child; and
(b)
shall then put to the witness such questions as the Court thinks necessary on behalf of the child.
(9)
If it appears to the Court that a prima facie case is made out—
(a)
the Court shall explain to the child the substance of the evidence against him and, in particular, any points in the evidence which specially tell against him or require his explanation;
(i)
give evidence upon oath or affirmation; or
(10)
If the Court For Children finds the child is not guilty, the Court shall record an order of acquittal.
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(11)
If—
(b)
the Court is satisfied that the offence is proved, the child and the child’s parent or guardian or other responsible person, if present, shall then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise.
(12)
The Court For Children shall, before deciding how to deal with the child, direct a probation officer to prepare and submit a probation report to the Court for the Court to consider the probation report.
(13)
A probation report referred to in subsection (12) shall be prepared and submitted by the probation officer within thirty days from the date the direction is given by the Court For Children to the probation officer to prepare and submit the probation report and the report—
(a)
shall contain such information as to the child’s general conduct, home surroundings, school record and medical history as may enable the Court For Children to deal with the case in the best interests of the child; and may put to him any question arising out of the probation report; and
(b)
may include any written report of a Social Welfare
Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child.
(14)
For the purpose of obtaining a probation report, the Court For
Children may from time to time release the child on bail or remand him in a place of detention.
(15)
If the Court For Children has considered the probation report, the Court shall explain to—
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(a)
the child the substance of any part of the report bearing on his character or conduct which the Court considers to be material to the manner in which he should be dealt with;
and
(b)
the parent or guardian, if present, the substance of any part of the report which the Court considers to be material to the manner in which the child should be dealt with and which has reference to the character, conduct, home surroundings, or health of the child.
(16)
If the child or his parent or guardian, having been explained the substance of any part of any such probation report under subsection (15), desires to produce information with respect to the report, the Court shall, if it thinks that the information is material—
(b)
if necessary, require the person who made the report to attend the hearing when it resumes.
(17)
Before deciding on the order to be imposed, the Court shall ascertain from each of the advisers his opinion and all such opinions shall be recorded.
(18)
After having recorded and considered the opinions of the advisers, the Court shall decide on the order to be imposed, but in so doing the Court—
(a)
shall not be bound to conform to the opinions of the advisers or either of them; and
(b)
shall record its reasons for dissenting from such opinions.
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POWERS OF THE COURT FOR CHILDREN AT THE
CONCLUSION OF THE TRIAL
Powers of Court For Children on proof of offence
Section 91
(b)
discharge the child upon his executing a bond to be of good behaviour and to comply with such conditions as may be imposed by the Court;
(c)
order the child to be placed in the care of a relative or other fit and proper person—
(i)
for such period to be specified by the Court; and
(d)
order the child to pay a fine, compensation or costs;
(da) make a community service order;
(h)
impose on the child, if he is aged fourteen years and above and the offence is punishable with imprisonment and subject to subsection 96(2), any term of imprisonment which could be awarded by a Sessions Court.
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(2)
The words “conviction” and “sentence” shall not be used in relation to a child dealt with by the Court For Children and any reference in any written law to a person convicted, a conviction and a sentence shall, in the case of a child, be construed as a child found guilty, a finding of guilt and an order made upon a finding of guilt respectively.
(3)
A finding of guilt of a child shall be disregarded for the purposes of any written law which—
(b)
authorizes or requires the imposition of any such disqualification or disability.
Section 92
(Deleted by Act A1511).
Section 93
Parent or guardian to execute bond
(a)
that the parent or guardian accompanied by the child shall report at regular intervals to be determined by the Court, at the welfare department or police station situated nearest to the parent’s or guardian’s place of residence;
(b)
that the parent or guardian accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
(c)
if the child is in an educational institution, that the parent or guardian shall consult with the child’s teacher and head
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teacher or principal once a month for the duration of the bond;
(d)
if the child is sent to an approved school or a Henry
Gurney School, that the parent or guardian shall visit the child on a regular basis to be determined by the Court; or
(2)
If any parent or guardian fails to comply with any of the conditions of the bond referred to in subsection (1)—
(a)
the parent or guardian commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit; and
(b)
the Court may order the security, if any, to be forfeited;
and the provisions of the Criminal Procedure Code relating to the forfeiture of bonds shall apply in relation to the security.
(3)
An order under subsection (1) shall not be made against a parent or guardian without giving the parent or guardian an opportunity to be heard.
(4)
Notwithstanding subsection (3), an order under subsection (1)
may be made if the Court For Children is satisfied on information given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
Power to order parent or guardian to pay fine, etc., instead of child
Section 94
(a)
a child is charged before a Court For Children with any offence for the commission of which—
(i)
a fine may be imposed; and
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(b)
the Court is of the opinion that the case would be best met by the imposition of all or any of those penalties, whether with or without any other punishment, the Court shall order that the fine imposed and compensation or costs awarded be paid by the parent or guardian of the child instead of by the child, unless the Court is satisfied that the parent or guardian—
(aa) is not available or cannot be found within a reasonable time; or
(bb) has not conduced to the commission of the offence by neglecting to exercise due care of the child.
(2)
If—
(b)
a child admits the facts constituting the offence in the charge, the Court may make an order requiring the parent or guardian—
(aa) to pay compensation or costs; or
(bb) to give security for the good behaviour of the child, without proceeding to record a finding of guilt against the child.
(3)
When the Court requires the parent or guardian to give security for the good behaviour of a child under subsection (2), one or more of the conditions mentioned in subsection 93(1) shall be imposed on the parent or guardian.
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(4)
If the parent or guardian fails to comply with the conditions of the security, the Court may order the security to be forfeited.
(5)
An order under this section shall not be made against the parent or guardian of the child without giving the parent or guardian an opportunity to be heard.
(6)
Notwithstanding subsection (4), an order under this section may be made if the Court For Children is satisfied on information given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so or is not available or cannot be found within a reasonable time.
(7)
Any sum imposed and ordered to be paid by a parent or guardian of a child under this section or on forfeiture of any such security may be recovered from the parent or guardian in the manner provided by the Criminal Procedure Code in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child was charged.
Appeals
Section 95
(2)
No appeal shall operate as a stay of execution, but the Court
For Children may stay execution on any judgment or order pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in such judgment or order as the Court For
Children may deem reasonable.
(3)
The High Court shall, in all criminal appeals originating from a Court For Children, make its final decision within twelve months after the notice of appeal has been filed.
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(4)
Any appeal under this section shall, notwithstanding any other written law, be intituled “Appeal By Children” and in dealing with any such appeal, sections 12 and 15 shall apply, with such modifications as may be necessary, to the High Court.
Restrictions on order of imprisonment
Section 96
(b)
be committed to prison in default of payment of a fine, compensation or costs.
(2)
A child aged fourteen years or above shall not be ordered to be imprisoned if he can be suitably dealt with in any other way whether by probation, or fine, or being sent to a place of detention or an approved school, or a Henry Gurney School, or otherwise.
(3)
A child aged fourteen years or above shall not, if ordered to be imprisoned, be allowed to associate with adult prisoners.
Death
Section 97
(2)
In lieu of a sentence of death, the Court shall order a person convicted of an offence to be detained in a prison during the pleasure of—
(a)
the Yang di-Pertuan Agong if the offence was committed in the Federal Territory of Kuala Lumpur or the Federal
Territory of Labuan; or
(b)
the Ruler or the Yang di-Pertua Negeri, if the offence was committed in the State.
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(3)
If the Court makes an order under subsection (2), that person shall, notwithstanding anything in this Act—
(a)
be liable to be detained in such prison and under such conditions as the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri may direct; and
(4)
If a person is ordered to be detained at a prison under subsection (2), the Board of Visiting Justices for that prison—
(b)
may recommend to the Yang di-Pertuan Agong or the
Ruler or the Yang di-Pertua Negeri on the early release or further detention of that person, and the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua
Negeri may thereupon order him to be released or further detained, as the case may be.
CHAPTER 3A
COMMUNITY SERVICE ORDER
Community service order
Section 97A
(2)
During the period of community service order, the child—
(a)
shall submit to the supervision of a Social Welfare Officer;
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(b)
shall perform the community service for the number of hours in aggregate imposed on him by the Court For
Children within the period not exceeding six months;
(d)
shall comply with such other requirements, as the Court
For Children having regard to the circumstances of the case considers necessary including any one or more of the following:
(i)
that the child shall attend interactive workshops organized at designated centres established for such purpose;
(ii)
if the child is in an educational institution, that the child shall attend the institution; or
(iii)
that the child shall attend counselling sessions conducted by a counsellor.
(3)
If the Court For Children makes a community service order under subsection (1), the Court For Children shall—
(a)
consider the recommendations and views of a probation officer as to the suitability of the community service to be performed by the child;
(b)
explain to the child in simple language, suitable to his age, maturity and understanding—
(i)
the effect of the order; and
(i)
the parent or guardian of the child;
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(iv)
except if it is itself the Supervising Court, the
Court For Children for the district or area named in the order in which the child is required to perform the community service.
Failure to comply with community service order
Section 97B
(a)
a summons requiring the child to appear at the place and time specified in the summons; or
(2)
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
(3)
A summons or warrant issued under this section shall direct the child to appear or be brought before the Supervising Court.
(4)
A child when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)—
(b)
be released on bail, with or without sureties, until such time as he can be brought before the Supervising Court.
(5)
If it is proved to the satisfaction of the Supervising Court that a child has failed to comply with any of the requirements of the community service order under paragraph 97A(2)(a), (b) or (d), the
Court may, without prejudice to the continuance of the community service order—
120 Laws of Malaysia ACT 611
(b)
deal with the child for the offence in respect of which the community service order was made in any manner in which the Court could deal with him if the Court had found him guilty of that offence; or
(c)
in the case of a child who has not performed the community service for the full hours in aggregate imposed on him, order him to perform the community service for the unexpired residue of hours in aggregate under the order originally issued by the Court For Children for such period not exceeding six months from the date of the order made under this paragraph.
(6)
A fine imposed under this section for failing to comply with any of the requirements of a community service order shall be—
(a)
deemed for the purpose of any written law to be a sum adjudged to be paid on a conviction; and
(b)
taken into account in making any subsequent order upon the child under this section or section 97C.
(7)
For the purposes of paragraph (6)(a), “a sum adjudged to be paid on a conviction” includes any costs, damages or compensation adjudged to be paid on a conviction of which the amount is ascertained by the conviction.
(8)
A child who fails to comply with paragraph 97A(2)(c) shall be dealt with under section 97C.
Commission of further offence
Section 97C
(a)
a child has been found guilty by a Court of an offence committed during the period of the community service order; and
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(b)
the child has been dealt with in respect of that offence, the Supervising Court may issue—
(aa) a summons requiring the child to appear at the place and time specified in the summons; or
(bb) a warrant for his arrest.
(2)
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
(3)
A summons or warrant issued under this section shall direct the child to appear or to be brought before the Supervising Court.
(4)
If it is proved to the satisfaction of the Supervising Court that a child in whose case the order was made has been found guilty and dealt with in respect of an offence committed during the period of community service order, the Court may deal with him for the offence for which the order was made in any manner in which the Court could deal with him if the Court had found him guilty of that offence.
Effects of community service order
Section 97D
If it appears to a Supervising Court that—
(b)
any subsequent proceedings which may be taken against a child under this Chapter.
(2)
Subsection (1) shall not affect—
(i)
to appeal against a finding of guilt; or
122 Laws of Malaysia ACT 611
(ii)
to rely on a finding of guilt in bar of any subsequent proceedings for the same offence; or
(b)
the revesting or restoration of any property in consequence of the finding of guilt of any such child.
Amendment of community service order
Section 97E
(2)
If the community service order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the child continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection (4).
(3)
If a community service order is amended under subsection (1), the Supervising Court shall send to the Court For Children for the new district or area named in the order a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to the Court For Children.
(4)
Without prejudice to subsections (1) and (3), the Supervising
Court may, on an application made by the probation officer or by the child, by order amend the community service order by—
(b)
inserting in the community service order, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if the
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order were then being made by the Court in accordance with section 97A.
(5)
The Supervising Court shall not amend a community service order under subsection (4) by—
(b)
extending that period such that the community service period becomes more than six months.
Court to give copies of amending community service order to probation officer
Section 97F
On the making of an order amending a community service order under section 97E—
(a)
the Court shall immediately give sufficient copies of the amending order to the probation officer; and
(i)
the child; and
(ii)
the Social Welfare Officer.
PROBATION
When probation may be ordered
Section 98
(c)
an offence under section 377B, 377C, 377D or 377E of the
Penal Code, is of opinion that having regard to the circumstances, including the nature of the offence and the character of the child, it is appropriate to do so, the Court For Children may make a probation order.
(2)
Before making the probation order under subsection (1), the
Court For Children shall explain to the child in simple language suitable to his age, maturity and understanding—
(i)
fails to comply with the probation order; or
(ii)
commits another offence, he shall be liable to be dealt with for the original offence as well as for the other offence.
(3)
A probation order shall have effect for such period not less than one year and not more than three years from the date of the order as may be specified in the probation order.
(4)
For the purposes of securing the good conduct and supervision of the probationer or preventing a repetition by him of the same offence or the commission of other offences, a probation order shall—
(a)
require the probationer to submit during that period to the supervision of a probation officer;
(b)
specify that the probationer is not to commit any offence during the probation order; and
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(c)
contain such other requirements, as the Court having regard to the circumstances of the case considers necessary including any one or more of the following:
(i)
that the probationer shall reside at a probation hostel, at the home of his parent or guardian or relative or at some other place;
(ii)
that the probationer shall attend an educational institution to be recommended by the probation officer;
(iii)
that the probationer shall remain indoors at his place of residence, be it at the probation hostel or at a home, during hours to be specified.
(5)
Without prejudice to the powers of the Court to make an order under section 91, the payment of sums by way of damages for injury or compensation for loss shall not be included amongst the requirements of a probation order.
(6)
Before making a probation order containing requirements as to residence, the Court—
(b)
if the order requires a child to reside in a probation hostel, shall specify in the order the period for which he is so required to reside, but that period shall not extend beyond twelve months from the date of the order.
(7)
The Court For Children which makes a probation order shall—
(i)
to the probationer;
(ii)
to the probation officer or other person under whose supervision the probationer is placed; and
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(iii)
to the person in charge of the probation hostel or other place in which the probationer is required by the order to reside; and
(b)
except if it is itself the Supervising Court, send to the Court
For Children for the district or area named in the order in which the probationer is required to reside during the probation period a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to that Court.
(8)
A Court For Children on making a probation order may, if it thinks it is expedient for the reformation of the probationer, give the probationer to the charge of any person who consents to accept the probationer, on that person’s giving security for the good behaviour of the probationer; and the provisions of the Criminal Procedure Code on forfeiture of bonds shall apply in relation to the security.
Failure to comply with probation order
Section 99
(a)
a summons requiring the probationer to appear at the place and time specified in the summons; or
(2)
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by the probation officer.
(3)
A summons or warrant issued under this section shall direct the probationer to appear or be brought before the Supervising Court.
(4)
A probationer when arrested under subsection (1) may, if not brought immediately before the
Supervising
Court under subsection (3)—
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(b)
be released on bail, with or without sureties, until such time as he can be brought before the Supervising Court.
(5)
If it is proved to the satisfaction of the Supervising Court that a probationer has failed to comply with any of the requirements of the probation order under paragraph 98(4)(a) or (c) the Court may, without prejudice to the continuance of the probation order—
(b)
deal with the probationer for the offence in respect of which the probation order was made in any manner in which the Court could deal with him if the Court had just found him guilty of that offence.
(6)
A fine imposed under this section for failing to comply with any of the requirements of a probation order shall be—
(a)
deemed for the purpose of any written law to be a sum adjudged to be paid on a conviction; and
(b)
taken into account in making any subsequent order upon the probationer under this section or section 100.
(7)
For the purposes of paragraph (6)(a), “a sum adjudged to be paid on a conviction” includes any costs, damages or compensation adjudged to be paid on a conviction, of which the amount is ascertained by the conviction.
(8)
A probationer who fails to comply with paragraph 98(4)(b)
shall be dealt with under section 100.
Commission of further offence
Section 100
(a)
a probationer has been found guilty by a Court of an offence committed during the probation period; and
(b)
the probationer has been dealt with in respect of that offence, the Supervising Court may issue—
(aa) a summons requiring the probationer to appear at the place and time specified in the summons; or
(bb) a warrant for his arrest.
(2)
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by the probation officer.
(3)
A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the Supervising Court.
(4)
If it is proved to the satisfaction of the Supervising Court that a probationer in whose case the order was made has been found guilty and dealt with in respect of an offence committed during the probation period, the Court may deal with him for the offence for which the order was made in any manner in which the Court could deal with him if the
Court had just found him guilty of that offence.
Effects of probation
Section 101
(b)
any subsequent proceedings which may be taken against a child under this Chapter.
(2)
Subsection (1) shall not affect—
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(i)
to appeal against a finding of guilt; or
(ii)
to rely on a finding of guilt in bar of any subsequent proceedings for the same offence; or
(b)
the revesting or restoration of any property in consequence of the finding of guilt of any such child.
Amendment of probation order
Section 102
(2)
If the probation order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the probationer continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection (4).
(3)
If a probation order is amended under subsection (1), the
Supervising Court shall send to the Court For Children for the new district or area named in the order a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to the Court For Children.
(4)
Without prejudice to subsections (1) and (3) the Supervising
Court may, on an application made by the probation officer or by the probationer, by order amend the probation order by—
(a)
revoking any of the requirements in the probation order;
or
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(b)
inserting in the probation order, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if the order were then being made by the Court in accordance with section 98.
(5)
The Supervising Court shall not amend a probation order under subsection (4) by—
(b)
extending that period such that the probation period becomes more than three years.
Discharge of probation order
Section 103
(2)
The Court For Children shall not deal with an application under subsection (1) without summoning the probationer unless the application is made by the probation officer.
(3)
If—
(1)
; or
(b)
a probationer is dealt with under section 99 or 100 for the offence for which he was placed on probation, the probation order shall cease to have effect.
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Court to give copies of amending or discharging order to probation officer
Section 104
On the making of an order amending or discharging a probation order under section 102 or 103 respectively—
(a)
the Court shall forthwith give sufficient copies of the amending or discharging order to the probation officer;
and
(b)
the probation officer shall give a copy of the amending or discharging order to—
(i)
the probationer; and
(ii)
the person in charge of the probation hostel or place in which the probationer is or was required by the order to reside.
Part XI
PART XI
IN THE CARE OF FIT AND PROPER PERSON
Child placed in the care of fit and proper person
Section 105
(2)
An order placing a child in the care of a fit and proper person may be varied or revoked by the Court For Children or the Supervising
Court on an application made by—
(3)
If—
(a)
on an application made by the parent or guardian or any near relative of a child ordered to be placed in the care of a fit and proper person under subsection (1); and
(b)
the Court For Children or the Supervising Court having power to vary or revoke the order is satisfied that the child is not being brought up in accordance with his religion as decided by his parent or guardian, the Court For Children or the Supervising Court, as the case may be, shall, unless a satisfactory undertaking is given by the person in whose care the child has been placed, either revoke the order or vary the order in such manner as the Court thinks best to secure that the child is from that time onwards brought up in accordance with that religion.
Child who escapes or is removed from the care of fit and proper person
Section 106
(a)
be arrested without a warrant by a Protector, probation officer or police officer; and
(b)
be brought before the Court For Children by which the order was made or before the Supervising Court.
(2)
The Court For Children or the Supervising Court before which a child is brought under subsection (1) shall immediately inquire into the case and after taking into account the recommendation of the
Protector or probation officer, as the case may be—
(a)
order the child to be brought back to that person, if he is willing to receive the child; or
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(b)
make an order which the Court could have made if the child had been brought before the Court as being a child having no parent or guardian.
Offence of removing or helping a child to escape from the care of fit and proper person
Section 107
(a)
removes a child from the care of a fit and proper person without lawful authority;
(b)
knowingly assists or induces, directly or indirectly, a child to escape from the person in whose care he has been placed; or
(c)
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the care of such person, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Part XII
PART XII
CONTRIBUTION ORDERS
Contribution by parent or guardian or other person
Section 108
(b)
sending a child to a probation hostel, an approved school, a Henry Gurney School, or an approved institution or centre; or
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(c)
placing a child in a place of refuge, the Court For Children making the order may, at the same time or subsequently, make a contribution order requiring the parent or guardian or other person having custody of the child—
(aa) at the time of the commission of the offence resulting in the order;
(bb) prior to an order made under subsection (1); or
(cc)
immediately before the commencement of any proceedings, to make such contribution or monthly contributions in such manner as the Court thinks fit, having regard to the means of the parent or guardian or the other person.
(2)
A Court For Children shall not make any contribution order under subsection (1) if the Court considers that it would not be just for the contribution order to be made having regard to the circumstances and means of the parent or guardian or the other person.
(3)
If a contribution order is made pursuant to subsection (1), it shall be the duty of the parent or guardian or the other person against whom the contribution order is made to comply with the contribution order.
(4)
All sums payable under a contribution order shall be paid into such Court or to such authority as the Court making the order shall direct.
(5)
The Court For Children making any such contribution order may, from time to time, on an application made by—
(a)
the parent or guardian or the other person against whom the contribution order is made;
(c)
the probation officer, rescind, make anew or vary the order as the Court deems fit on proof of change in circumstances of the person against whom the order is made or for other good cause being shown to the satisfaction of the
Court.
(6)
An order under subsection (1) shall not be made without giving the parent or guardian of the child or the other person having custody of the child an opportunity to be heard.
(7)
Notwithstanding subsection (6), an order under subsection (1)
may be made if the Court is satisfied on information given by a
Protector or probation officer, as the case may be, that the parent or guardian or the other person, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
(8)
A contribution order shall remain in force—
(a)
in the case of a child ordered to be placed in the care of a fit and proper person, so long as the order is in force; and
(b)
in the case of a child ordered to be sent to a place of refuge, a probation hostel, an approved school, a Henry Gurney
School, or an approved institution or centre, until he ceases to be under the care of the person in charge for the time being of the place of refuge, probation hostel, approved school, Henry Gurney School, or approved institution or centre.
(9)
A contribution is not payable under a contribution order in respect of any period during which—
(a)
a child ordered to be sent to an approved school or a Henry
Gurney School is out with permission or under the supervision of a probation officer; or
136 Laws of Malaysia ACT 611
(b)
a child ordered to be sent to a place of refuge is on leave of absence from the place of refuge or from being under the supervision of a Social Welfare Officer.
(10)
If any person wilfully neglects to comply with a contribution order, a Magistrate may, for every breach of the order—
(a)
by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by a
Magistrate; or
(b)
sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid.
(11)
The term of imprisonment imposed under paragraph (10)(b)
shall terminate when the amount of contribution due is paid.
Part XIII
PART XIII
INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.
Power of investigation
Section 109
(2)
A Protector when acting under this Part shall, on demand, declare his office to the person against whom he is acting or from whom he seeks any information.
(3)
Every person required by a Protector or police officer to give information or produce any document or other things relating to the commission of any offence which is in that person’s power to give shall be legally bound to give the information or produce the document or other things.
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Power to arrest without warrant
Section 110
(b)
employed or aided any other person to commit or abet the commission of, an offence against this Act, and may search any person so arrested.
(2)
Any person arrested under subsection (1) shall, after the arrest, be dealt with as provided for by the Criminal Procedure Code.
Search by warrant
Section 111
(b)
a child who is being concealed, confined or detained in contravention of this Act; or
(c)
the commission of an offence against this Act, the Magistrate may issue a search warrant authorizing a Protector or police officer to whom it is directed, at any reasonable time by day or night and with or without assistance, to—
(aa) enter and search the premises;
(bb) inspect, make copies of, or take extracts from, any book, record or document;
(cc)
search any person who is in or on the premises, and for the purposes of that search detain the person and remove
138 Laws of Malaysia ACT 611
him to any place as may be necessary to facilitate the search, and seize and detain any article found on that person; and
(i)
who is in need of protection;
(ii)
who is being concealed, confined or detained in contravention of this Act; or
(iii)
in respect of whom an offence against this Act has been committed, to a place of safety or place of refuge.
(2)
If a child has been placed in a place of safety pursuant to paragraph (1)(dd), the Protector shall, as soon as practicable, inform the parent or guardian who has lawful custody of the child the whereabouts of the child.
(3)
Whenever it is necessary to do so, a Protector or police officer exercising any power under subsection (1) may—
(a)
break open any outer or inner door or window of any premises in order to effect entry into the premises;
(c)
remove by force any obstruction to entry, search, seizure, detention or removal as he is empowered to effect under subsection (2);
(d)
detain any person found in or on any premises searched under subsection (1) until the search is completed.
(4)
A female person shall not be searched under this section or section 110 except by another female person and a male person shall not be searched except by another male person and such search shall be carried out with strict regard to decency.
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(5)
A person who by force, restraint, threats, inducement or other means causes any child who is in need of protection to conceal himself in or to leave any premises being searched or about to be searched by a Protector or a police officer under this section, with the intent that the search by such Protector or police officer may be evaded or obstructed, commits an offence.
(6)
It shall be the duty of the owner or occupier of any premises searched under this section and any person found in or on the premises to—
(a)
provide the Protector or police officer with all such facilities and assistance as he may reasonably require; and
(b)
give the Protector or police officer all reasonable information required by him.
Search without warrant
Section 112
If a Protector or police officer has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 111—
(b)
the object of the entry is likely to be frustrated, he may exercise in, and in respect of, the premises all the powers referred to in that section in as full and ample a manner as if he as authorized to do so by a warrant issued under that section.
Power to examine person
Section 113
(a)
acquainted with the facts and circumstances of an offence to attend before him to be examined orally in relation to
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any matter which may assist in the investigation into the offence; or
(b)
to produce any child or any book, article or document which may assist in the investigation into the offence.
(2)
A person to whom an order has been given under paragraph (1)(a)—
(i)
shall disclose all information which is within his knowledge or which is available to him in respect of the matter in relation to which he is being examined;
(ii)
shall answer any question put to him truthfully and to the best of his knowledge and belief; and
(iii)
shall not refuse to answer any question on the ground that it tends to incriminate him.
(3)
A person to whom an order has been given under paragraph (1)(b)—
(a)
shall produce the child unless it can be shown to the satisfaction of the Protector that the child—
(i)
is no longer under the custody or control of that person; and
(b)
shall not conceal, destroy, alter or dispose of any book, article or document specified in the order.
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(4)
A person to whom an order is given under subsection (1) shall comply with the order and with subsections (2) and (3)
notwithstanding any written law or rule of law to the contrary.
(5)
A Protector examining a person under paragraph (1)(a) shall record in writing any statement made by the person so examined and the statement so recorded shall be signed by the person making it or affixed with his thumb-print, as the case may be, after—
(6)
If a person examined under this section refuses to sign or affix his thumb-print on the statement, the Protector shall endorse on the record under his hand the fact of such refusal and the reason for it, if any, stated by the person examined.
(7)
Notwithstanding any written law or rule of law to the contrary, the record of an examination under paragraph (1)(a) and any book, article or document produced under paragraph (1)(b) shall be admissible in evidence in any proceedings in any Court for or in relation to an offence under this Act, regardless of whether such proceedings are against—
Section 114
If an order is made placing a child in the care of a fit and proper person or requiring the parent or guardian of the child to exercise
142 Laws of Malaysia ACT 611
proper care and guardianship over him, the Protector writing by the
(a)
at any time visit and inspect the place where such child in respect of whom the order is made lives or is believed to live or to be; and
(b)
inquire into the conditions and circumstances of the child, and for the purposes of such inquiry, may require any person to answer any question as he may think proper to ask and such person shall be legally bound to answer such question truthfully to the best of his knowledge or belief.
Obstruction
Section 115
Protector or probation officer may, so long as the order is in effect—
(a)
refuses the Protector or Social Welfare Officer access to any premises, or fails to submit to a search by a person authorized to search him under this Act;
(b)
assaults, obstructs, hinders, delays or attempts to assault, obstruct, hinder or delay the Protector, Assistant Protector or Social Welfare Officer in the execution of his duty under this Act;
(c)
fails to comply with any lawful demand, order or requirement of a Protector, Assistant Protector or Social
Welfare Officer in the execution of his duty under this Act;
(d)
omits, refuses or neglects to give to a Protector or Social
Welfare Officer any information which may be reasonably required of him and which he is empowered to give;
(e)
fails to produce to, or conceals or attempts to conceal from, a Protector or Social Welfare Officer, any child or any book, article or document in relation to which the Protector or Social Welfare Officer has reasonable grounds for
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believing that an offence under this Act has been or is being committed;
(f)
rescues or endeavours to rescue or causes to be rescued any thing which has been duly seized; or
(g)
destroys any thing to prevent the seizure of the thing, or the securing of the thing, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Protection of informers
Section 116
(2)
The giving of any information that a child is in need of protection shall not, in any proceedings before any Court or in any other respect, be held to constitute—
(3)
Except as provided in subsections (4) and (6), a witness in any civil or criminal proceedings shall not be obliged or permitted to disclose the name and address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.
(4)
If any book, record or document which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the Court shall cause all such passages to be concealed from
144 Laws of Malaysia ACT 611
view or to be obliterated so far as may be necessary to protect the informer from discovery.
(5)
This section shall apply to a registered medical practitioner, any member of the family or a child care provider who gives information under section 27, 28 or 29 respectively in the same manner as they apply to a person who gives information that a child is in need of protection.
(6)
If during the trial for any offence against this Act, the Court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the
Court is of the opinion that justice cannot be fully done between the parties in that proceedings without the discovery of the informer, it shall be lawful for the Court to require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.
Part XIV
PART XIV
Power of Court For Children conferred on High Court
Section 117
Nothing in this Act other than sections 96 and 97 shall affect the powers of the High Court and all the powers which may be exercised under this Act by a Court For Children in respect of a child may in like manner be exercised by the High Court.
Section 118
Register
The Registrar shall cause to be kept and maintained, in such form as may be prescribed, a register to be known as the “Register of
Children”.
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Section 119
Contents of Register
The Register shall contain—
(a)
details of every case or suspected case of a child in need of protection;
(aa) details of persons convicted of any offence in which a child is a victim; and
(b)
such other matters in relation to such case or suspected case as the Director General may from time to time determine.
Access to Register
Section 120
(a)
any Court when there is before the Court any proceedings concerning a child in need of protection;
(c)
the Director General, a Protector, any police officer or any member of a Child Protection Team or Child Welfare
Team when any of them requires such details for the purposes of any proceedings under this Act or for the purposes of taking action in respect of, or providing assistance to, a child in need of protection.
(2)
Details contained in the Register may be furnished to—
(a)
persons engaged in bona fide research whose access to the
Register is authorized by the Director General for that purpose; or
(b)
persons or classes of persons authorized by the Director
General to have access to the Register on the grounds that
146 Laws of Malaysia ACT 611
their access to the Register will promote the protection of a child or children.
(3)
Details furnished under this section shall not include any information which discloses or likely to lead to the disclosure of the identity of any person who has given any information that a child is in need of protection.
Offence in respect of Register
Section 121
Any person who furnishes to any other person any details contained in the Register other than pursuant to section 120 commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Section 122
Certificate of Registrar to be evidence
A certificate purporting to be under the hand of the Registrar as to any entry in the Register, or as to any matter or thing which he is authorized by this Act or any regulation made under this Act to do or to make shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of the certificate.
Section 123
Protection against suit and legal proceedings
An action shall not lie and prosecution shall not be brought, instituted or maintained in any Court against the Government,
Minister, Director General, Protector, Assistant Protector, prison officer, Social Welfare Officer, probation officer, police officer or medical officer for anything done or omitted to be done under this
(b)
in the reasonable belief that it was necessary for the purpose intended to be served thereby; or
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Section 124
Act—
All officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of the Penal Code.
Section 125
General penalty
If no penalty is expressly provided for an offence under this Act, a person who commits such offence shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Section 126
Institution and conduct of prosecution
(2)
Notwithstanding that he has been authorized under the
Criminal Procedure Code to prosecute, a person who is the investigating officer of an offence under this Act shall not prosecute the case in respect of that offence.
Service of document
Section 127
(a)
delivering the document to that person or by delivering the document at the last known place of residence of that person to an adult member of his family;
(b)
leaving the document at the usual or last known place of residence or business of that person in a cover addressed to that person; or
148 Laws of Malaysia ACT 611
(c)
forwarding the document by registered post in a prepaid letter addressed to that person at his usual or last known place of residence or business.
(2)
If a document is served by prepaid registered post it shall be deemed to have been served on the day succeeding the day on which the document would have been received in the ordinary course of post.
Power to make regulations
Section 128
(2)
Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes:
(a)
to prescribe the conduct, management, discipline and control of approved schools, Henry Gurney Schools, probation hostels, places of detention or centres;
(b)
to provide for the maintenance, discipline, treatment and education, vocational or otherwise, of the children or other persons detained in approved schools or Henry Gurney
Schools including—
(i)
the powers, duties and functions of the Board of
Visitors;
(iii)
visits to, and inspections of, the schools by persons or bodies of persons appointed by the Minister from time to time for any area or areas; and
(iv)
the order or punishment for breaches of discipline of children or other persons detained;
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(c)
to prescribe the duties and responsibilities of Protectors,
Assistant Protectors and probation officers;
(d)
to prescribe the constitution and duties of Child Welfare
Child Protection Teams and Child Welfare Teams;
(f)
to provide for the care, control, detention, discipline, admission, discharge and aftercare, temporary absence, maintenance, education and training of children placed in places of safety and places of refuge;
(g)
to regulate the management, administration, visitation and inspection of places of safety and places of refuge;
(i)
the care, maintenance and education of children placed in the care, custody or control of any fit and proper person under the provisions of this Act; and
(i)
to prescribe the selection and qualifications of fit and proper persons with whom a child in need of care and protection may be placed;
(j)
to require the persons in charge of places of safety and places of refuge to submit to the Director General returns, reports and information in respect of children placed therein;
(k)
to prescribe the duties and responsibilities of foster parents;
150 Laws of Malaysia ACT 611
(l)
to prescribe the composition, duties, functions and procedures of conducting the business of Boards of
Visitors;
(m)
to prescribe the procedures and practice of Child
Protection Teams and Child Welfare Teams;
(n)
to prescribe the particulars, photographs or other means of identification to be furnished in relation to a child in need of protection;
(o)
to require the furnishing of information as to changes of address of every child in need of protection and of the persons having custody of the child, and the transfer of records and registers in such cases;
(p)
to prescribe the records to be kept in respect of every child in need of protection and the manner in which the records shall be kept;
(r)
to prescribe the forms to be used and information to be furnished for any of the purposes of this Act;
(s)
to prescribe the form of notices, orders, warrants, summonses and bonds under this Act and the manner of service thereof;
(t)
to prescribe the functions, powers and duties of officers and persons conferred with powers under this Act and the manner and conditions in and under which the powers conferred by this Act shall be exercised by the officers or persons;
(u)
to prescribe any other matter required or permitted to be prescribed under this Act; and
(v)
to provide for any other matter which the Minister deems expedient or necessary for the purposes of this Act.
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(3)
Regulations made under subsection (1) may provide that the contravention of any provision in the regulations is an offence and that the person who commits the offence is punishable on conviction with a fine or a term of imprisonment or both but may not provide for the fine to exceed ten thousand ringgit or the term of imprisonment to exceed three years.
Part XV
PART XV
SAVINGS AND TRANSITIONAL PROVISIONS
Interpretation
Section 129
In this Part—
“repealed Acts” means the Juvenile Courts Act 1947 [Act 90], the
Women and Girls Protection Act 1973 [Act 106] and the Child
Protection Act 1991 [Act 468] repealed under this Act;
“Juvenile Court” means the Juvenile Court established under the
Juvenile Courts Act 1947;
“appointed date” means the date on which this Act comes into operation.
Section 130
Repeal
Act 1973 and the Child Protection Act 1991 are repealed.
Section 131
References to Juvenile Court, etc.
(2)
The judgment, sentence, order, ruling or decision of the
Juvenile Court, Supervising Court, High Court, Sessions Court or
Magistrate’s Court under the repealed Acts shall on the appointed date be deemed to have been made under this Act and continue to be in force and have effect.
(3)
Any inquiry, trial or proceedings done, taken or commenced in or before the Courts referred to in subsection (2) before the appointed date in so far as it relates to a person under the age of eighteen years shall be deemed to have been done, taken or commenced in or before the Court For Children, Supervising Court, High Court, Sessions Court or Magistrate’s Court under this Act and may accordingly be continued and concluded on and after the appointed date.
(4)
Any inquiry, trial or proceedings done, taken or commenced under the Women and Girls Protection Act 1973 before the appointed date and are still pending shall, in so far as it relates to a female person aged eighteen years and above and any offence under the same Act, be continued and concluded under the same Act and for this purpose it shall be treated as if that Act had not been repealed.
Continuance of Council, etc.
Section 132
(2)
The members of the Council, Teams, Committees, Boards and committees established under the repealed Acts and any officers and persons appointed under the repealed Acts holding office on the day preceding the appointed date shall continue to hold office under this
Act until their terms of appointment expire or they resign or their appointments are revoked in accordance with this Act and shall have
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the same powers, rights, privileges, liabilities, duties and obligations as if they had been appointed under this Act.
(3)
Every act or thing done, taken or commenced by the members of the Council, Teams, Committees, Boards, committees officers and persons referred to subsections (1) and (2), and the Board of Visiting
Justices, under the repealed Acts before the appointed date shall, on and after the appointed date, be deemed to have been done, taken or commenced under this Act.
Continuance of rules, etc.
Section 133
All rules, regulations, orders, notices, forms, directions and authorization letters made, issued or given under the repealed Acts shall, in so far as they are consistent with this Act, continue in force until revoked or replaced by this Act.
Section 134
Institutions established or appointed
All approved schools, Henry Gurney Schools, places of detention, probation hostels, places of safety, places of refuge and other institutions or centres established or appointed under the repealed
Acts shall on the appointed date be deemed to have been established or appointed under this Act.
Section 135
Prevention of anomalies
(2)
In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Act.
FIRST SCHEDULE
[Paragraph 17(1)(i)]
Offences under sections 299 to 301, 304 to 304A, 305 to 309A, 312 to 319, 321 to 322, 324, 326 to 340, 345 to 351, 353 to 358, 360 to 362, 364 to 373A, 374 to 375,
377, 377A, 377C to 377E of the Penal Code.
SECOND SCHEDULE
[Section 45]
Section 1
Offences punishable under Part VI of this Act.
Section 2
Offences—
(a)
punishable under sections 309, 312 to 313, 354, 370 to 373, 373A, 376 to 377 of the Penal Code; or
(b)
involving any acts or matters defined in sections 321 to 322, 339 to 340,
350 to 351, 360 to 362 of the Penal Code.
155
Act 611
LIST OF AMENDMENTS
Amending law
Short title
In force from
P.U.(A) 7/2003
Child (Modification) Order 2003 01-08-2002
Act A1511
Child (Amendment) Act 2016 01-01-2017
156
Act 611
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 2
Act A1511 01-01-2017 3
Act A1511 01-01-2017 3A
Act A1511 01-01-2017 4
Act A1511 01-01-2017 4A
Act A1511 01-01-2017 5
Act A1511 01-01-2017 5A
Act A1511 01-01-2017 6
Act A1511 01-01-2017 6A
Act A1511 01-01-2017 7
Act A1511 01-01-2017 7A
Act A1511 01-01-2017 8A
Act A1511 01-01-2017 9
Act A1511 01-01-2017 14
Act A1511 01-01-2017 15
Act A1511 01-01-2017 17
Child 157
Section
Amending authority
In force from 18
Act A1511 01-01-2017 19
Act A1511 01-01-2017 20
Act A1511 01-01-2017 21
Act A1511 01-01-2017 25
Act A1511 01-01-2017 27
Act A1511 01-01-2017 28
Act A1511 01-01-2017 29
Act A1511 01-01-2017 29A
Act A1511 01-01-2017 30
P.U. (A) 7/2003 01-08-2002
Act A1511 01-01-2017 31
Act A1511 01-01-2017 32
Act A1511 01-01-2017 33
Act A1511 01-01-2017 34
Act A1511 01-01-2017 35
Act A1511 01-01-2017 37
Act A1511 01-01-2017 38
Act A1511 01-01-2017 39
Act A1511 01-01-2017 39A
Act A1511 01-01-2017 40
Act A1511 01-01-2017 41
158 Laws of Malaysia ACT 611
Section
Amending authority
In force from 42
Act A1511 01-01-2017 43
Act A1511 01-01-2017 45
Act A1511 01-01-2017 46
Act A1511 01-01-2017 47
Act A1511 01-01-2017 48
Act A1511 01-01-2017 49
Part VIIA
Act A1511 01-01-2017 53A
Act A1511 01-01-2017 55
Act A1511 01-01-2017 55A
Act A1511 01-01-2017 56
Act A1511 01-01-2017 59
Act A1511 01-01-2017 62A
Act A1511 01-01-2017 63
Act A1511 01-01-2017 67
Act A1511 01-01-2017 70
Act A1511 01-01-2017 71
Act A1511 01-01-2017 73A
Act A1511 01-01-2017 75
Act A1511 01-01-2017 81
Act A1511 01-01-2017 82
Child 159
Section
Amending authority
In force from 83
Act A1511 01-01-2017 83A
Act A1511 01-01-2017 85
Act A1511 01-01-2017 87
Act A1511 01-01-2017 90
Act A1511 01-01-2017 91
Act A1511 01-01-2017 92
Act A1511 01-01-2017 95
Act A1511 01-01-2017 97A
Act A1511 01-01-2017 97B
Act A1511 01-01-2017 97C
Act A1511 01-01-2017 97D
Act A1511 01-01-2017 97E
Act A1511 01-01-2017 97F
Act A1511 01-01-2017 106
Act A1511 01-01-2017 115
Act A1511 01-01-2017 118
Act A1511 01-01-2017 119
Act A1511 01-01-2017 120
Act A1511 01-01-2017 123
Act A1511 01-01-2017 125
160 Laws of Malaysia ACT 611
Section
Amending authority
In force from 128
First Schedule
Common questions
- What is JUVENILE COURTS ACT 1947?
- JUVENILE COURTS ACT 1947 is Malaysia Act, cited as Act 90 1947, currently marked repealed and first recorded in 1947.
- Is JUVENILE COURTS ACT 1947 still in force?
- No — JUVENILE COURTS ACT 1947 has been repealed.
- When did JUVENILE COURTS ACT 1947 take effect?
- JUVENILE COURTS ACT 1947 was first recorded in 1947.
- How many sections does JUVENILE COURTS ACT 1947 have?
- JUVENILE COURTS ACT 1947 contains 156 sections.
- Where can I read the official version of JUVENILE COURTS ACT 1947?
- The official text of JUVENILE COURTS ACT 1947 is published at lom.agc.gov.my.