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(12) The Court For Children shall, before deciding how to deal with the child, consider the 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 |
(13) A probation report referred to in subsection (12) shall be prepared by a probation officer 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 Child 83 (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. | 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 |
(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. | 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 |
(15) If the Court For Children has considered the probation report, the Court shall explain to— (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 atid which has reference to the character, conduct, home surroundings, or health 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 |
(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— (a) adjourn the hearing for the production of further information; and (b) if necessary, require the person who made the report to attend the hearing when it resumes. | 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 |
(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 84 Laws of Malaysia ACT 611 (b) shall record its reasons for dissenting from such opinions. | 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 POWERS OF THE COURT FOR CHILDREN AT THE CONCLUSION OF THE TRIAL Powers of Court For Children on proof of offence 91. | 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 |
(l) If a Court For Children is satisfied that an offence has been proved the Court shall, in addition to any other powers exercisable by virtue of this Act, have power to— (a) admonish and discharge the child; (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 (ii) with such conditions as may be imposed by the Court; (d) order the child to pay a fine, compensation or costs; (e) make a probation order under section 98; (f) order the child to be sent to an approved school or a Henry Gurney School; (g) order the child, if a male, to be whipped with not more than ten strokes of a light cane— (i) within the Court premises; and (ii) in the presence, if he desires to be present, of the parent or guardian of the child; (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. | 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 85 (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 corwicted, a coiwiction 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. | 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 finding of guilt of a child shall be disregarded for the purposes of any written law which— (a) imposes any disqualification or disability upon a coiwicted person; or (b) authorizes or requires the imposition of any such disqualification or disability.
Manner of executing whipping 92. | 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 |
The following provisions shall be followed when executing the order of whipping: (a) before executing the whipping, the child shall be examined by a medical officer to certify that the child is in a fit state of health to undergo the whipping; (b) the person shall use a light cane with average force without lifting his hand over his head so that the child's skin is not cut; (c) after inflicting a stroke, he shall lift the cane upward and not pull it; (d) whipping may be inflicted on any part of the body except the face, head, stomach, chest or private parts; (e) the child shall wear clothes; and (f) if during the execution of the whipping the medical officer certifies that the child is not in a fit state of health to undergo the remainder of the whipping, the whipping shall be finally stopped. | 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 |
86 Laws of Malaysia ACT 611 Parent or guardian to execute bond 93. | 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 Court For Children shall, in addition to exercising any of the powers provided for in subsection 91(1), order the parent or guardian of the child to excute a bond for the child's good behaviour with or without security and with one or more of the following conditions: (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 chikTs teacher and head 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 (e) any other condition as the Court thinks fit. | 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 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 corwiction 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. | 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) 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 Child 87 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. | 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 |
Power to order parent or guardian to pay fine, etc., instead of child 94. | 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 ctlild is charged before a Court For Children with any offence for the commission of which— (i) a fine may be imposed; and (ii) compensation or costs or both compensation and costs may be awarded; and (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. | 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) a Court For Children thinks that a charge against a child is proved; or (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. | 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 |
88 Laws of Malaysia ACT 611 (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.
(4) If the parent or guardian fails to comply with the conditions of the security, the Court may order the security to be forfeited. | 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) An order under this section shall not be maile 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 sp or is not available or cannot be found within a reasonable time. | 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) 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 corwiction of the parent or guardian of the offence with which the child was charged.
Appeals 95. | 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 |
Appeals 95.
(1) The Public Prosecutor or any child or his parent or guardian, if aggrieved by any finding or order of a Court For Children, may appeal to the High Court against such finding or order in accordance with the provisions of the Criminal Procedure Code relating to criminal appeals to the High Court from a Magistrate's 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) Except in the case of whipping, the execution of which shall be stayed pending appeal, no appeal shall operate as a stay of execution, but the Court For Children may stay execution on any judgement 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 judgement or order as the Court For Children may deem reasonable. | 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 89 (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.
(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 96. | 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 |
Restrictions on order of imprisonment 96.
(1) A child under the age of fourteen.years shall not— (a) be ordered to be imprisoned for any offence; or (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. | 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 child aged fourteen years or above shall not, if ordered to be imprisoned, be allowed to associate with adult prisoners.
Death 97.
(1) A sentence of death shall not be pronounced or recorded against a person convicted of an offence if it appears to the Court that at the time when the offence was committed he was a 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 |
(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 Pederal Territory of Labuan; or (b) the Ruler or the Yang di-Pertua Negeri, if the offence was committed in the State. | 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 |
90 Laws ofMalaysia ACT 611 (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 (b) while so detained, be deemed to be in Iawful 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 |
(4) If a person is ordered to be detained at a prison under subsection (2), the Board of Yisiting Justices for that prison— (a) shall review that person's case at least once a year; and (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. | 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 4 PROBATION When probation may be ordered 98. | 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 Court For Children by or before which a child is found guilty of an offence other than— (a) any grave crime; (b) Yoluntarily causing grievous hurt, rape, incest or outraging modesty; or (c) an offence under section 377B, 377c, 377o or 377E of the Penal Code, is of opinion that having regard to ihe 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. | 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 91 (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— (a) the effect of the order; and (b) that if he— (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. | 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 probation order shali 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. | 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) 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 (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 hpstel, 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. | 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) Without prejudice to the powers of the Court to make an order under section 91, the payment of sums by way of damages 92 Laws of Malaysia ACT 611 for injury or compensation for loss shall not be included amongst the requirements of a probation 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 |
(6) Before making a probation order containing requirements as to residence, the Court— (a) shall consider the home surroundings of a child; and (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. | 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 which makes a probation order shall— (a) immediately give a copy of the order— (i) to the probationer; (ii) to the probation officer or other person under whose supervision the probationer is placed; and (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. | 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) 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 99. | 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 |
Failure to comply with probation order 99.
(1) If at any time during the probation period it appears to a Supervising Court that a probationer has failed to comply with Child 93 any of the requirements of the probation order under paragraph 98(4)(a) or (c), the Supervising Court may issue— (a) a summons requiring the probationer to appear at the place and time specified in the summons; or (b) a warrant for his arrest. | 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 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. | 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 probationer when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)— (a) be detained in a place of detention; or (b) be released on bail, with or without sureties, until such time as he can be brought 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 |
(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 9%(4)(a) or (c) the Court may, without prejudice to the continuance of the probation order— (a) impose on him a fine not exceeding five thousand ringgit; or (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. | 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 |
(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. | 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 |
94 Laws of Malaysia ACT 611 (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 tp comply with paragraph 98(4)(b shall be dealt with under section 100.
Commission of further offence 100. | 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 |
Commission of further offence 100.
(1) If it appears to the Supervising Court that— (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. | 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 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. | 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 it is proved to the satisfaction of the Superyising 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.
Child 95 Effects of probation 101. | 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 95 Effects of probation 101.
(1) The finding of guilt for an offence for which an order is made under this Chapter placing the offender on probation shall be deemed not to be a corwiction for any purpose other than for the purposes of— (a) the proceedings in which the order is made; and (b) any subsequent proceedings which may be taken against a child under this Chapter. | 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) Subsection (1) shall not affect— (a) the right of any such child— (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 102. | 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 |
Amendment of probation order 102.
(1) If the Supervising Court is satisfied that a probationer proposes to change or has changed his residence from the district or area named in the probation order to another district or area, the Court may, and if an application on that behalf is made by the probation officer, shall, by order amend the probation order by substituting for the district or area named therein the district or area where the probationer proposes to reside or is residing. | 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 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). | 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 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. | 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 |
96 Laws of Malaysia ACT 611 (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 (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. | 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 Supervising Court shall not amend a probation order under subsection (4) by— (a) reducing the probation period; or (b) extending that period such that the probation period becomes more than three years.
Discharge of probation order 103.
(1) The Court For Children by which a probation order was made or the Supervising Court may, on an application made by the probation officer, the parent or guardian of the probationer or the probationer, discharge the probation 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 |
(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— (a) the Court discharges a probation order under subsection (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.
Child 97 Court to give copies of amending or discharging order to probation officer 104. | 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 |
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. | 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 XI IN THE CARE OF FIT AND PROPER PERSON Child placed in the care of fit and proper person 105.
(1) This section shall apply in relation to an order made under this Act placing a child in the care of a fit and proper person.
(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— (a) the parent or guardian of the child; (b) the Protector; or (c) the probation officer, as the case may be. | 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) 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 98 Laws of Malaysia ACT 611 (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. | 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 who escapes or is removed from the care of fit and proper person 106.
(1) A child who escapes from a person in whose care he has been placed under this Act may be— (a) arrested without a warrant; and (b) brought before the Court For Children by which the order was made or 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 Court For Children or the Superyising 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 (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. | 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 the care of fit and proper person 107. | 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) removes a child from the care of a fit and proper person without lawful authority; Child 99 (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. | 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 XII CONTRIBUTION ORDERS Contribution by parent or guardian or other person 108. | 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 an order is made— (a) placing a child in the care of a fit and proper person; (b) sending a child to a probation hostel, an approved school, a Henry Gurney School, or an approved institution or centre; or (c) placing a child in a piace 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. | 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 |
100 Laws of Malaysia ACT 611 (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. | 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) 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. | 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 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 contributkm order is made; (b) the Protector; or (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. | 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 |
(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. | 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) 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. | 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) 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 Child 101 (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. | 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) 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 superyision of a probation officer; or (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. | 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 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)(6) shall terminate when the amount of contribution due is paid. | 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 XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.
Power of investigation 109.
(1) A Protector or police officer may investigate the commission of any offence under this Act.
(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. | 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 |
102 Laws of Malaysia ACT 611 (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.
Power to arrest without warrant 110. | 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 |
Power to arrest without warrant 110.
(1) Any police officer may arrest without a warrant any person whom he reasonably believes— (a) has committed or attempted to commit; or (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 111. | 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 it appears to a Magistrate upon written information on oath that there is reasonable cause to believe that in any premises there is any evidence of— (a) a child who is in need of protection; (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 anyrreasonable time by day or night and with or without assistance, to— (aa) enter and search thie premises; (bb) inspect, make copies of, or take extracts from, any book, record or document; Child 103 (cc) search any person who is in or on the premises, and for the purposes of that search detain the person and remove him to any place as may be necessary to facilitate the search, and seize and detain any article found on that person; and (dd) search and remove the child— (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. | 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 has been placed in a place of safety pursuant to paragraph (\}(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. | 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) 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; (b) forcibly enter any premises and any part of 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 urider subsection (1) until the search is completed. | 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 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. | 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) 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 104 Laws of Malaysia ACT 611 section, with the intent that the search by such Protector or police officer may be evaded or obstructed, commits an 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 |
(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 112. | 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 |
Search without warrant 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— (a) the investigation would be adversely affected; or (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 was authorized to do so by a warrant issued under that section.
Power to examine person 113. | 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 |
Power to examine person 113.
(1) A Protector 6r police officer iiwestigating an offence under this Act may order any person— (a) acquainted with the facts and circumstances of an olTence to attend before him to be examined orally in relation to any matter which may assist in the irwestigation into the offence; or (b) to produce any child or any book, article or document which may assist in the iiwestigation into 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 |
(2) A person to whom an order has been given linder paragraph (1)(a) (a) shall attend in accordance with the terms of the order to be examined; and Child 105 (b) during such examination— (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. | 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 person to whom an order has been given under paragraph (l)(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 (ii) that the whereabouts of the child are not known to that person; and (b) shall not conceal, destroy, alter or dispose of any book, article or document specified in 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 |
(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. | 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) A Protector examining a person under paragraph (\}(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— (a) it has been read to him in the language in which he made it; and (b) he has been given an opportunity to make any correction he may wish. | 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 |
(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. | 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 |
106 Laws of Malaysia ACT 611 (7) Notwithstanding any written law or rule of law to the contrary, the record of an examination under paragraph (l)(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— (a) the person who was examined; (b) the person who produced the book, article or document; or (c) any other 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 |
(8) Any person who contravenes this section commits an offence.
Inspection 114. | 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 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 proper care and guardianship over him, the Protector or probation officer or any Social Welfare Officer authorized in writing by the Protector or probation officer may, so long as the order is in effect— (a) at any time visit and inspect the place where such child in respect of whom the order is made Iives or is belieyed to Iive 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. | 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) 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; Child 107 (b) assaults, obstructs, hinders, delays or attempts to assault, obstruct, hinder or delay the 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 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 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 corwiction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two 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 |
Protection of informers 116.
(1) Any person who gives any information that a child is in need of protection shall not incur any liability for defamation or otherwise in respect of the giving of such information.
(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— (a) a breach of professional etiquette or ethics; or (b) a departure from accepted standards of professional conduct. | 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 |
108 Law of Malaysia ACT 611 (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. | 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 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 view or to be obliterated so far as may be necessary to protect the informer from discovery. | 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) 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. | 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 |
(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. | 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 XIV MISCELLANEOUS Power of Court For Children conferred on High Court 117.
Nothing in this Act other than sections 96 and 97 shall effect 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.
Child 109 Register 118. | 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 109 Register 118.
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 in Need of Protection".
Contents of Register 119.
The Register shall contain— (a) details of every case or suspected case of a child in need of protection; 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 120. | 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) Details contained in the Register shall be furnished to— (a) any Court when there is before the Court any proceedings concerning a child in need of protection; (b) any Court when so requested by the Court; and (c) the Director General, a Protector, any police officer or any member of a Child Protection Team or Child Welfare Committee 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 assi.stance to, a child in need of protection. | 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 |