text
stringlengths 9
3.73k
| document_url
stringclasses 285
values | source_url
stringclasses 285
values | country
stringclasses 131
values |
|---|---|---|---|
(8) The order made under subsection (7) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on Which the child attains the age of eighteen years.
(9) Subsections 40( 12) to (14) shall apply in respect of any order made under subsection (7) as they apply to an order made under section 40. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(10) If the Court For Children is not satisfied that the child brought before it is in need of protection and rehabilitation, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.
CHAPTER 2 OFFENCES Offences 43. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Any person who— (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 oroutside Malaysia, orknowing or having reason to believe that the child will be so employed or used; 54 Laws of Malaysia ACT 611 (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 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, either within or outside Malaysia, and with intent to aid such purpose; (e) knowing or having reason to belieye 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; (f) detains a child in a brothel against the child's will; (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 | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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; Child 55 (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 noi more than fifteen years and shall also be punished with whipping of not more than six strokes. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Any person who is coiwicted 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 44. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
For the purposes of section 43, it shall be presumed until the contrary is proved that a person— (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(l)(aj;' (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(l)(aj; 56 Laws of Malaysia ACT 611 (c) has detained a child in any brothel or in any place against the chikTs 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 chlid's passport. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Any Court inquiring into or trying any offence specified in the Second Schedule (in this Act referred to as "scheduled offence") may order a child— (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, to be detained temporarily in a place of safety until the determination of the proceedings against the person charged but the detention shall not extend beyond the date on which the child attains the age of eighteen years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 detention of the child in a place of safety in accordance with paragraph 30(1)(d).
Child 57 PART VII BEYOND CONTROL Children beyond control 46. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If the parent or guardian of a child requests the Court For Children in writing to detain a child in an approved schopl, place of refuge, probation hostel or centre on the ground that the parent or guardian is unable to exercise proper control over the child, the Court For Children— (a) shall immediately inquire into the circumstances of the child's case; (b) shall direct the probation officer to submit a probation report to the Court For Children for the Court to determine whether an order under subsection (2) may be made in respect of the child; and (c) may order the child to be temporarily detained in an approved school, place of refuge, probation hostel or centre if it deems it necessary to do so. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If after considering the report referred to in paragraph (1)(b) the Court For Children is satisfied that— (a) it is expedient so to deal with the child; and (b) the parent or guardian understands the results which will follow from and consents to the making of the order, the Court For Children may, on the recommendation of the probation officer, order that the child— (aa) be sent to an approved school, place of refuge, probation hostel or centre, as may be appropriate; or (bb) be placed for such period not exceeding three years under the supervision of— (i) a probation officer; or (ii) some other person appointed for the purpose by the Court, and any such order may require the child to reside for a period not exceeding twelve months in a probation hostel. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
58 Laws of Malaysia ACT 611 Supervision by probation officer 47.
(1) If a Court For Children makes an order under paragraph 46(2)(bb) placing a child under the supervision of a probation officer or of some other person, that officer or other person— (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,. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The Supervising Court before whom a child is brought under paragraph (l)(b) may, if it deems it expedient to do so, amend the order made under section 46 and— (a) send the child, subject to the consent of the child's parent or guardian, to an approved school, place of refuge or centre, whichever is appropriate; or (b) place the child in the care of a fit and proper person, whether a relative or not, who is willing to undertake the care of the child, for the unexpired period of the order. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN Unlawful transfer of possession, custody or control of child 48. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Any person who takes part in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child for any yaluable consideration 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 ten thousand ringgit or to imprisonment for a term not exceeding five years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 59 (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 bonafide 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 prefences 49. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Importation of child by false prefences 49.
Any person who— (a) by or under any false pretence or representation made; or (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 ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Examination of child and person in charge 50. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Examination of child and person in charge 50.
A Protector or any person authorized in writing by a Protector may require— (a) a child who has entered or been brought into Malaysia; and (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.
60 Laws of Malaysia ACT 611 Protector may require security 51. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
If a Protector has reasonable cause to believe that a child— (a) has been brought into Malaysia either— (i) after having been transferred for valuable consideration; or (ii) tjy fraud, misrepresentation or any false pretence; (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 (ii) to furnish security to the satisfaction of the Protector that the child— (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 Child 61 (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Offence of taking or sending out a child without appropriate consent of person having lawful custody 52.
(1) Any parent or guardian who— (a) does not have the lawful custody of a child; and (b) takes or sends out a child, whether within or outside Malaysia, 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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— (a) the parent or guardian— (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
62 Laws of Malaysia ACT 611 Recovery order 53.
(1) If it appears to the Court that there is reason to believe that a child had been taken or sent away without the consent of the person who has lawful custody of the child as described in section 52, the Court may make a recovery order.
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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; (b) authorize the removal of the child by 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) Any person who intentionally obstructs an authorized person from exercising the powers under subsection (3) commits an offence and shall on corwiction be liable to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.
PART IX INSTITUTIONS CHAPTER I PLACES OF SAFETY AND PLACES OF REFUGE Places of safety 54. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) The Minister may, by notification in the Gaiette, establish or appoint any place, institution or centre to be a place of safety for the care and protection of children.
Child 63 (2) The Minister may at any time direct the closing of any place of safety established or appointed under subsection (1).
Places of refuge 55.
(1) The Minister may, by notification in the Gazette, establish or appoint any place, institution or centre to be a place of refuge for the care and rehabilitation of children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The Minister may at any time direct the closing of any place of refuge established or appointed under subsection (1).
Child who escapes or is removed from place of safety or place of refuge 56. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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 (b) shall be detained— (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 detention under the order originally made by the Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Offence of removing or helping a child to escape from place of safety or place of refuge 57. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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 64 Laws of Malaysia ACT 611 (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, commits an offence and shall on coiwiction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 2 PLACES OF DETENTION Places of detention 58.
(1) The Minister may, by notification in the Gazette, establish or appoint such places of detention as may be required for the purposes of this Act.
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 judgement.
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(5) The Minister— (a) shall cause places of detention to be inspected; and (b) may make regulafions— (i) as to the classification, treatment,.
employment and control of children detained in such places of detention; and Child 65 (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 59. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any child who escapes or is removed from a place of detention without lawful authority— (a) may be arrested without a warrant-by any Protector 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 60. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any person who— (a) removes a child from a place of detention without lawful authority; (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, commits an offence and shall on coiwiction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 3 PROBATION HOSTELS Probation hostels 61.
(1) The Minister may, by notification in the Gazette, establish or appoint such probation hostels as may be required for the purposes of this Act.
66 Laws of Malaysia ACT 611 (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 hostel 62. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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.
Child who escapes or is removed from probation hostel 63. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any child who escapes or is removed from a probation hostel without lawful authority— (a) may be arrested without a warrant by any probation officer or police officer; and (b) be brought back to that hostel or before the Supervising Court, and the Supervising Court may deal with him 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 just found him guilty of that offence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Offence of removing or helping a child to escape from probation hostel 64. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any person who— (a) removes a child from a probation hostel without lawful authority; (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, 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 67 CHAPTER 4 APPROVED SCHOOLS Approved schools 65.
(1) The Minister may, by notification in the Gazette, establish or appoint such approved schools as may be required for the education, training and detention of children to be sent there in pursuance of this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The Minister may classify such approved schools— (a) according to the ages of the persons for whom they are intended; and (b) in such other ways as he may think fit so as to ensure that a child sent to an apprcwed school is sent to a school appropriate to his case.
Child under ten years of age not to be sent to approved school 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.
When a child can be sent to approved school 67. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If— (a) a child is found guilty of any offence; (b) the probation report submitted to the Court For Children shows that— (i) the parents or guardian of the child can no longer exercise or is incapable of exercising any proper control over him; and (ii) the child is in heed 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 68 Laws of Malaysia ACT 611 term and under such instruction and discipline as appears most conducive to his reformation, the Court For Children shall, on the recommendation of the probation officer, send the child to an approved school. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) A child shall not be permitted to be released from an approved school under paragraph (3)(fc) 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 68. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
who conveys child to the school 68.
(1) The Court For Children which makes an approved school order shnll cause it to be delivered to the authority or person responsible for conveying the child to the school, and the authority or person who conveys the child to the school shall deliver the approved school order to the person for the time being in charge of the school. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If a child has been ordered to be sent to an approved school, any person who knowingly harbours or conceals him after the Child 69 time has come for him to go to the school commits an offence and shall on coiwiction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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— (a) find the child; or (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 69. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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 (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 funher period not exceeding six months but any such period shall not extend beyond the date the child attains the age of eighteen years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
70 Laws of Malaysia ACT 611 Aftercare of child released from approved school 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— (a) a probation officer; or (b) such other person as the Child Welfare Committee may appoint.
Escape from approved school, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Escape from approved school, etc.
or failure to return to approved school after expiry of leave, etc.
71. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Any child who— (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 Ieave, or upon the revocation of such permission; or (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 and be brought before the Court For Children where the child is found or the approved school is situated. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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; (b) the remainder of his period of detention; and Child 71 (c) such period not exceeding six months as the Court may direct, in addition to the periods mentioned in paragraphs (a) and (b). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 equrge; (ii) theal to the period during which he was unlawfully at la remainder of his period of detention; and (iii) such further period not exceeding six months as the Court may direct; or (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Offence of removing or helping a child to escape from approved school 72. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any person who— (a) removes a child from an approved school without lawful authority; (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
72 Laws of Malaysia ACT 611 CHAPTER 5 HENRY GURNEY SCHOOLS Henry Gurney Schools 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.
Child under fourteen years of age not to be sent to Henry Gurney School 74.
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.
When a child can be sent to Henry Gurney School 75. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If— (a) a child is found guilty of any offence punishable with imprisonment; (b) the probation report submitted to the Court For Children shows that— (i) the parents or guardian of the child can no longer exercise or is incapable of exercising any proper control over him; (ii) the child is habitually in the company of persons of bad character; and (iii) the child is not suitable to be rehabilitated in an approved school; and (c) it appears to the Court For Children— (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 Child 73 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, on the recommendation of the probation officer, send the child to a Henry Gurney School. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If a Court For Children orders a child aged fourteen years or above to be sent to a Henry Gurney School— (a) the order shall be— (i) an authority for his detention for a period of three years from the date of the order; and (ii) valid for his detention up to but not after he has attained the age of twenty-one years; and (b) sections 68 to 72 shall apply with the following modifications: (i) for the words "approved school" wherever appearing there shall be substituted the words "Henry Gurney School"; and (ii) in section 69, for the words "the Board of Yisitors of the approved school consent" there shall be substituted the words "the Director General of Prisons in the case of a Henry Gurney School consents" and the age referred to in that section shall be increased by three years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) Notwithstanding subsection (2), the Director General of Prisons 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
74 Laws of Malaysia ACT611 CHAPTER 6 SPECIAL PROVISIONS IN RELATION TO PLACES OF SAPETY, PLACES OF REFUGE, APPROVED SCHOOLS AND HENRY GURNEY SCHOOLS Power in respect of persons of eighteen years but under twenty- one years of age 76. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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 Henry Gurney School 77. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) The Minister may, by warrant under his hand, direct any person who— (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If a warrant is made under subsection (1)— (a) the unexpired residue of that persorTs 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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.
Child 75 Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School 78.
(1) The Minister may, by warrant under his hand, direct a child who is in prison under an order of imprisonment to be removed to an approved school or a Henry Gurney School. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If a warrant is made under subsection (1)— (a) the unexpired residue of that chihTs 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 fpr this section, have expired. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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.
Power to substitute term of detention to term of imprisonment 79. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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 Gurney School under this Act— (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 76 Laws of Malaysia ACT611 (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Transfer of child from one place of safety or place of"refuge to another place of safety or place of refuge 80. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 7 MISCELLANEOUS Child or person detained to be subject to regulations 81.
Every child 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 chikTs or person's detention, be subject to such regulations as may be prescribed.
Board of Visitors 82. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Board of Visitors 82.
The Minister may appoint for each place of safety, place of refuge and approved school a Board of Yisitors to perform such duties and functions as the Minister may prescribe.
Child 77 PART X CRIMJNAL PROCEDURE IN COURT FOR CHILDREN CHAPTER 1 CHARGE, BAIL, ETC.
Trials of children to be in conformity with this Act 83. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Notwithstanding anything contained in any written law relating to the arrest, detention and trial of persons committing any offence but subject to subsections (3) and (4), a child who is alleged to have committed an offence shall not be arrested, detained or tried except in accordance with this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 provisions of this Act, continue to hear the charge against the child and may— (a) exercise the power under section 76; (b) exercise the power under paragraph 91(l)(aj, (b), (c)t (d) or (g); or (c) if the offence is punishable with imprisonment, impose any term of imprisonment which could be awarded by a Sessions Court. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 78 Laws of Malaysia ACT 611 (b) before exercising the powers referred to in paragraph (a), consider the probation report.
Bail 84. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Bail 84.
(1) If a child is arrested with or without a warrant, the child shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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; (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 or Courts 85. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Appropriate arrangements shall be made— (a) to prevent a child while— (i) being detained in a police station; Child 79 (ii) being conveyed to or from any Court; or (iii) 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 corweyed, or waiting, is under the care of a woman; and (c) to prevent the picture of a child while— (i) being detained in a police station; (ii) being coiweyed to or from any Court; or (iii) waiting before or after attendance in any Court, from being recorded.in any manner pn tape or film or by any electronic medium. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Custody of child not discharged on bail after arrest 86. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If a child having been arrested and while awaiting trial before a Court For Children is not released under section 84, the Court For Children before whom the child is brought shall cause him to be detained in a place of detention provided under this Act until he can be brought before the Court having jurisdiction unless the Court For Children certifies that— (a) it is impracticable to do so; (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Under the circumstances referred to in paragraph (l)(aj, (b) or (c), the Court For Children shall have the power to order the child to be detained— (a) in a police station, police cell or police lock-up, separate or apart from adult offenders; or (b) in a mental hospital, as the case may require. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
80 Laws ofMalaysia ACT 611 (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 87. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
After the arrest of a child, the police officer or other person making the arrest shall— (a) immediately inform a probation officer and the child's parent or guardian of the arrest; and (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 2 TRIALS Parent or guardian required to attend 88.
(1) If a child is charged with any offence, the Court For Children shall require the child's parents or guardian to attend at the Court For Children before which the case is heard or determined during all the stages of the proceedings, unless the Court For Children is satisfied that it would be unreasonable to require the attendance of the parents or guardian. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 corwiction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Parents or guardian may be required to withdraw 89. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
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.
Child 81 Procedure in Court For Children 90.
(1) If a child is brought before a Court For Children for any offence, it shall be the duty of the Court to explain to him in simple language suitable to his age, maturity and understanding the substance of the alleged offence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The duty referred to in subsection (1) may be undertaken, under the supervision of the Court by— (a) the defence counsel acting for the child; or (b) any other responsible person as determined by the Court.
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 (b) record a finding of guilt.
(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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(7) The Court For Children shall, except if the child is legally represented, allow the chikTs parents or guardian or any relative or other responsible person to assist him in conducting his defence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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 82 Laws of Malaysia ACT 611 (b) shall then put to the witness such questions as the Court thinks necessary on behalf of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(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; (b) the child shall be allowed to— (i) give evidence upon oath or affirmation; or (ii) make any statement if he so desires; and (c) the evidence of any witness for the defence shall be heard. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(10) If the Court For Children finds the child is not guilty, the Court shall record an order of acquittal.
(11) If— (a) a finding of guilt has been recorded; or (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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |