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Child Act 2001- Part 2

45. Detention pending proceedings

(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.

(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 paragraph30(1)(d).

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/46.Children beyond control

Part VII BEYOND CONTROL

46. Children beyond control

(1) If the parent or guardian of a child requests the Court For Children in writing to detain a child in an approved school, 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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/47.Supervision by probation officer

47. Supervision by probation officer

(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.

(2) The Supervising Court before whom a child is brought under paragraph (1)(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/48.Unlawful transfer of possession, custody or control of child


Part VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN

48. Unlawful transfer of possession, custody or control of child

(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 valuable 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.

(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.

(3) For the purposes of subsection (2), if any person harbours or has in his possession, custody or control a child without lawful authority or excuse, the child shall, until the contrary is proved, be presumed to be a child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration.

(4) It shall be a defence in any prosecution under this section to prove that--

(a) the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption; and

(b) at least one of the natural parents of the child or the guardian of the child was a consenting party to the marriage or to the adoption by the adopting party,

and had expressly consented to the particular marriage or adoption.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/49.Importation of child by false pretences

49. Importation of child by false pretences

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/50.Examination of child and person in charge

50. Examination of child and person in charge

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 section113.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/51.Protector may require security

51. Protector may require security

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) by 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

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611/52.Offence of taking or sending out a child without appropriate consent of person having lawful custody
52. Offence of taking or sending out a child without appropriate consent of person having lawful custody

(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.

(2) A person has lawful custody of a child under this section if he has been conferred custody of the child by virtue of any written law or by an order of a Court, including a Syariah Court.

(3) It shall be a defence under this section if a parent or guardian takes or sends a child away without the consent of the person having lawful custody of the child if--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/53.Recovery order

53. Recovery order

(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.

(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.

(4) Any person who intentionally obstructs an authorized person from exercising the powers under subsection (3) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding three years and to whipping not exceeding six strokes.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/54.Places of safety

Part IX INSTITUTIONS

Chapter 1 PLACES OF SAFETY AND PLACES OF REFUGE

54. Places of safety

(1) The Minister may, by notification in the Gazette, establish or appoint any place, institution or centre to be a place of safety for the care and protection of children.

(2) The Minister may at any time direct the closing of any place of safety established or appointed under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/55.Places of refuge

55. Places of refuge

(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.

(2) The Minister may at any time direct the closing of any place of refuge established or appointed under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/56.Child who escapes or is removed from place of safety or place of refuge

56. Child who escapes or is removed from place of safety or place of refuge

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/57.Offence of removing or helping a child to escape from place of safety or place of refuge

57. Offence of removing or helping a child to escape from place of safety or place of refuge

Any person who--

(a) removes a child from a place of safety or place of refuge without lawful authority;

(b) knowingly assists or induces, directly or indirectly, a child to escape from a place of safety or a place of refuge; or

(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the place of safety or place of refuge,

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/58.Places of detention

Part IX INSTITUTIONS

Chapter 2 PLACES OF DETENTION

58. Places of detention

(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.

(3) The order or judgment in pursuance of which a child is committed to custody in a place of detention shall be--

(a) delivered with the child to the person in charge of the place of detention; and

(b) an authority for his detention in the place of detention in accordance with the terms of the order or judgment.

(4) A child while being detained and while being conveyed to and from the place of detention shall be deemed to be in lawful custody.

(5) The Minister--

(a) shall cause places of detention to be inspected; and

(b) may make regulations--

(i) as to the classification, treatment, employment and control of children detained in such places of detention; and

(ii) to provide for the appointment of fit and proper persons to visit periodically children detained in such places of detention.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/59.Child who escapes or is removed from place of detention

59. Child who escapes or is removed from place of detention

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.


Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/60.Offence of removing or helping a child to escape from place of detention

60. Offence of removing or helping a child to escape from place of detention

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 conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/61.Probation hostels

Part IX INSTITUTIONS

Chapter 3 PROBATION HOSTELS

61. Probation hostels

(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.

(2) The Minister may make regulations for the regulation, management and inspection of probation hostels.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/62.Child under ten years of age not to be sent to probation hostel

62. Child under ten years of age not to be sent to probation hostel

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/63.Child who escapes or is removed from probation hostel

63. Child who escapes or is removed from probation hostel

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/64.Offence of removing or helping a child to escape from probation hostel

64. Offence of removing or helping a child to escape from probation hostel

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/65.Approved schools

Part IX INSTITUTIONS

Chapter 4 Approved schools

65. Approved schools

(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.

(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 approved school is sent to a school appropriate to his case.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/66.Child under ten years of age not to be sent to approved school
66. Child under ten years of age not to be sent to approved school

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/67.When a child can be sent to approved school

67. When a child can be sent to approved school

(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 need of institutional rehabilitation; and

(c) it appears to the Court For Children that although the offence committed is not serious in nature but it is expedient that the child be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation,

the Court For Children shall, on the recommendation of the probation officer, send the child to an approved school.

(2) If a Court For Children orders a child to be sent to an approved school, the order shall be an authority for his detention in that approved school for a period of three years from the date of the order.

(3) Notwithstanding subsection (2) the Board of Visitors of the approved school to which a child is sent may, in their discretion--

(a) shorten the period of detention for reasons which appear to them to be sufficient; or

(b) permit any such child to be released for such period and upon such conditions as they may deem fit to impose.

(4) A child shall not be permitted to be released from an approved school under paragraph (3)(b) during the first twelve months of the period of detention without the consent in writing of the Minister.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/68.Approved school order to be delivered to the authority, etc., who conveys child to the school

68. Approved school order to be delivered to the authority, etc., who conveys child to the school

(1) The Court For Children which makes an approved school order shall 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.

(2) The Court For Children which makes an approved school order shall cause all such information in the possession of the Court with respect to a child as is in the opinion of the Court should be known by the person for the time being in charge of the school, to be transmitted to the person for the time being in charge of the school.

(3) If a child has been ordered to be sent to an approved school, any person who knowingly harbours or conceals him after the time has come for him to go to the school commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(4) If a person authorized to take a child to an approved school is, when the time has come for him to go to the school, unable to--

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/69.Further detention in approved school beyond period of order

69. Further detention in approved school beyond period of order

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 further period not exceeding six months but any such period shall not extend beyond the date the child attains the age of eighteen years.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/70.Aftercare of child released from approved school

70. Aftercare of child released from approved school

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/71.Escape from approved school, etc., or failure to return to approved school after expiry of leave, etc.

71. Escape from approved school, etc., or failure to return to approved school after expiry of leave, etc.

(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 leave, 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.

(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

(c) such period not exceeding six months as the Court may direct, in addition to the periods mentioned in paragraphs (a) and (b).

(3) If a child brought before the Court For Children under subsection (1) has attained the age of fourteen years, the Court For Children may order the child--

(a) to be brought back to the approved school or to be sent to another approved school for--

(i) a period equal to the period during which he was unlawfully at large;

(ii) the 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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/72.Offence of removing or helping a child to escape from approved school

72. Offence of removing or helping a child to escape from approved school

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/73.Henry Gurney Schools

Part IX INSTITUTIONS

Chapter 5 HENRY GURNEY SCHOOLS

73. Henry Gurney Schools

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/74.Child under fourteen years of age not to be sent to Henry Gurney School

74. Child under fourteen years of age not to be sent to Henry Gurney School

A Court For Children shall not make an order requiring a child under the age of fourteen years to be sent to a Henry Gurney School.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/75.When a child can be sent to Henry Gurney School

75. When a child can be sent to Henry Gurney School

(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 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.

(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 Visitors 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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/76.Power in respect of persons of eighteen years but under twenty-one years of age
Part IX INSTITUTIONS

Chapter 6 SPECIAL PROVISIONS IN RELATION TO PLACES OF SAFETY, PLACES OF REFUGE, APPROVED SCHOOLS AND HENRY GURNEY SCHOOLS

76. Power in respect of persons of eighteen years but under twenty-one years of age

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/77.Power of Minister to remove person undergoing imprisonment to Henry Gurney School

77. Power of Minister to remove person undergoing imprisonment to Henry Gurney School

(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.

(2) If a warrant is made under subsection (1)--

(a) the unexpired residue of that person's prison sentence shall be deemed to be cancelled; and

(b) such warrant shall be an authority for the detention of that person in the Henry Gurney School under this Act until the date when his sentence, less any remission for good conduct earned while serving his sentence in prison, would, but for this section, have expired.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/78.Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School

78. Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School

(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.

(2) If a warrant is made under subsection (1)--

(a) the unexpired residue of that child's prison order shall be deemed to be cancelled; and

(b) such warrant shall be an authority for the detention of that child in the approved school or the Henry Gurney School, as the case may be, under this Act until the date when his prison order, less any remission for good conduct earned while serving his term of imprisonment, would, but for this section, have expired.

(3) The Minister may, at any time for reasons which appear to him to be sufficient, by order in writing direct the removal of any child from--

(a) an approved school to any other approved school or to a Henry Gurney School; or

(b) a Henry Gurney School to any other Henry Gurney School or to an approved school,

as may be specified in the order.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/79.Power to substitute term of detention to term of imprisonment

79. Power to substitute term of detention to term of imprisonment

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

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/80.Transfer of child from one place of safety or place of refuge to another place of safety or place of refuge

80. Transfer of child from one place of safety or place of refuge to another place of safety or place of refuge

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/81.Child or person detained to be subject to regulations

Part IX INSTITUTIONS

Chapter 7 MISCELLANEOUS

81. Child or person detained to be subject to regulations

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 child's or person's detention, be subject to such regulations as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/82.Board of Visitors

82. Board of Visitors

The Minister may appoint for each place of safety, place of refuge and approved school a Board of Visitors to perform such duties and functions as the Minister may prescribe.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/83.Trials of children to be in conformity with this Act

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 1 CHARGE, BAIL, ETC.

83. Trials of children to be in conformity with this Act

(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.

(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(1)(a) , (b), (c), (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.

(3) When an offence is committed by a child but a charge in respect of that offence is made against the child after he has attained the age of eighteen years, the charge shall be heard by a Court other than a Court For Children and that other Court may exercise the power mentioned in paragraph (2)(a), (b) or (c).

(4) A charge made jointly against a child and a person who has attained the age of eighteen years shall be heard by a Court other than a Court For Children and that other Court shall--

(a) exercise in respect of the child all the powers which may be exercised under this Act by a Court For Children; and

(b) before exercising the powers referred to in paragraph (a), consider the probation report.


Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/84.Bail

84. Bail

(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.

(2) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be remanded in a place of detention until such time as the child can be brought before the Court For Children.

(3) The Court For Children before whom a child is brought shall inquire into the case and unless--

(a) the charge is one of murder or other grave crime;

(b) it is necessary in the best interests of the child arrested to remove him from association with any undesirable person; or

(c) the Court For Children has reason to believe that the release of the child would defeat the ends of justice,

the Court For Children shall release the child on a bond, with or without sureties, for such amount as will, in the opinion of the Court For Children, secure the attendance of that child upon the hearing of the charge, being executed by his parent or guardian or other responsible person.

(4) Nothing in this section shall be deemed to affect the powers of a police officer to release the child arrested on bail in accordance with the Criminal Procedure Code.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/85.Separation of child from adult in police stations or Courts

85. Separation of child from adult in police stations or Courts

Appropriate arrangements shall be made--

(a) to prevent a child while--

(i) being detained in a police station;

(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 conveyed, 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 conveyed to or from any Court; or

(iii) waiting before or after attendance in any Court, from being recorded in any manner on tape or film or by any electronic medium.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/86.Custody of child not discharged on bail after arrest


86. Custody of child not discharged on bail after arrest

(1) If a child having been arrested and while awaiting trial before a Court For Children is not released under section84, 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.

(2) Under the circumstances referred to in paragraph(1)(a), (b) or (c), the Court For Children shall have the power to order the child to be detained--

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/87.Submission of information by police officer after arrest

87. Submission of information by police officer after arrest

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/88.Parent or guardian required to attend

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 2 TRIALS

88. Parent or guardian required to attend

(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.

(2) Any parent or guardian of a child who fails to attend the Court For Children when required to do so under subsection(1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/89.Parents or guardian may be required to withdraw

89. Parents or guardian may be required to withdraw

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/90.Procedure in Court For Children

90. Procedure in Court For Children

(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.

(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.

(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.

(7) The Court For Children shall, except if the child is legally represented, allow the child's parents or guardian or any relative or other responsible person to assist him in conducting his defence.

(8) If in any case where the child is not legally represented or assisted in his defence as provided for in subsection (7), the child, instead of asking questions by way of cross-examination, makes assertions, the Court For Children--

(a) may put to the child such questions as may be necessary in order to bring out, or explain anything in, the assertions of the child; and

(b) shall then put to the witness such questions as the Court thinks necessary on behalf of the child.

(9) If it appears to the Court that a prima facie case is made out--

(a) the Court shall explain to the child the substance of the evidence against him and, in particular, any points in the evidence which specially tell against him or require his explanation;

(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.

(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.

(12) The Court For Children shall, before deciding how to deal with the child, consider the probation report.

(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

(b) may include any written report of a Social Welfare Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child.

(14) For the purpose of obtaining a probation report, the Court For Children may from time to time release the child on bail or remand him in a place of detention.

(15) If the Court For Children has considered the probation report, the Court shall explain to--

(a) the child the substance of any part of the report bearing on his character or conduct which the Court considers to be material to the manner in which he should be dealt with; and

(b) the parent or guardian, if present, the substance of any part of the report which the Court considers to be material to the manner in which the child should be dealt with and which has reference to the character, conduct, home surroundings, or health of the child.

(16) If the child or his parent or guardian, having been explained the substance of any part of any such probation report under subsection (15), desires to produce information with respect to the report, the Court shall, if it thinks that the information is material--

(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.

(17) Before deciding on the order to be imposed, the Court shall ascertain from each of the advisers his opinion and all such opinions shall be recorded.

(18) After having recorded and considered the opinions of the advisers, the Court shall decide on the order to be imposed, but in so doing the Court--

(a) shall not be bound to conform to the opinions of the advisers or either of them; and

(b) shall record its reasons for dissenting from such opinions.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/91.Powers of Court For Children on proof of offence
Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 3 POWERS OF THE COURT FOR CHILDREN AT THE CONCLUSION OF THE TRIAL

91. Powers of Court For Children on proof of offence

(1) 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.

(2) The words "conviction" and "sentence" shall not be used in relation to a child dealt with by the Court For Children and any reference in any written law to a person convicted, a conviction and a sentence shall, in the case of a child, be construed as a child found guilty, a finding of guilt and an order made upon a finding of guilt respectively.

(3) A finding of guilt of a child shall be disregarded for the purposes of any written law which--

(a) imposes any disqualification or disability upon a convicted person; or

(b) authorizes or requires the imposition of any such disqualification or disability.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/92.Manner of executing whipping
92. Manner of executing whipping

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/93.Parent or guardian to execute bond

93. Parent or guardian to execute bond

(1) The Court For Children shall, in addition to exercising any of the powers provided for in subsection91(1), order the parent or guardian of the child to execute 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 child's 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.

(2) If any parent or guardian fails to comply with any of the conditions of the bond referred to in subsection (1)--

(a) the parent or guardian commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit; and

(b) the Court may order the security, if any, to be forfeited; and the provisions of the Criminal Procedure Code relating to the forfeiture of bonds shall apply in relation to the security.

(3) An order under subsection (1) shall not be made against a parent or guardian without giving the parent or guardian an opportunity to be heard.

(4) Notwithstanding subsection (3), an order under subsection (1) may be made if the Court For Children is satisfied on information given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/94.Power to order parent or guardian to pay fine, etc., instead of child

94. Power to order parent or guardian to pay fine, etc., instead of child

(1) If--

(a) a child is charged before a Court For Children with any offence for the commission of which--

(i) a fine may be imposed; and

(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.

(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.

(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 subsection93(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.

(5) An order under this section shall not be made against the parent or guardian of the child without giving the parent or guardian an opportunity to be heard.

(6) Notwithstanding subsection (4), an order under this section may be made if the Court For Children is satisfied on information given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so or is not available or cannot be found within a reasonable time.

(7) Any sum imposed and ordered to be paid by a parent or guardian of a child under this section or on forfeiture of any such security may be recovered from the parent or guardian in the manner provided by the Criminal Procedure Code in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child was charged.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/95.Appeals

95. Appeals

(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.

(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 judgment or order pending appeal, on such terms as to security for the payment of any money or the performance or non performance of any act or the suffering of any punishment ordered by or in such judgment or order as the Court For Children may deem reasonable.

(3) The High Court shall, in all criminal appeals originating from a Court For Children, make its final decision within twelve months after the notice of appeal has been filed.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/96.Restrictions on order of imprisonment

96. Restrictions on order of imprisonment

(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.

(3) A child aged fourteen years or above shall not, if ordered to be imprisoned, be allowed to associate with adult prisoners

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611/97.Death

97. Death

(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.

(2) In lieu of a sentence of death, the Court shall order a person convicted of an offence to be detained in a prison during the pleasure of--

(a) the Yang di-Pertuan Agong if the offence was committed in the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan; or

(b) the Ruler or the Yang di-Pertua Negeri, if the offence was committed in the State.

(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 lawful custody.

(4) If a person is ordered to be detained at a prison under subsection (2), the Board of Visiting 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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/98.When probation may be ordered

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 4 PROBATION

98. When probation may be ordered

(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) voluntarily causing grievous hurt, rape, incest or outraging modesty; or

(c) an offence under section 377b, 377c, 377d or 377e of the Penal Code,

is of opinion that having regard to the circumstances, including the nature of the offence and the character of the child, it is appropriate to do so, the Court For Children may make a probation order.

(2) Before making the probation order under subsection (1), the Court For Children shall explain to the child in simple language suitable to his age, maturity and understanding--

(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.

(3) A probation order shall have effect for such period not less than one year and not more than three years from the date of the order as may be specified in the probation order.

(4) For the purposes of securing the good conduct and supervision of the probationer or preventing a repetition by him of the same offence or the commission of other offences, a probation order shall--

(a) require the probationer to submit during that period to the supervision of a probation officer;

(b) specify that the probationer is not to commit any offence during the probation order; and

(c) contain such other requirements, as the Court having regard to the circumstances of the case considers necessary including any one or more of the following:

(i) that the probationer shall reside at a probation hostel, at the home of his parent or guardian or relative or at some other place;

(ii) that the probationer shall attend an educational institution to be recommended by the probation officer;

(iii) that the probationer shall remain indoors at his place of residence, be it at the probation hostel or at a home, during hours to be specified.

(5) Without prejudice to the powers of the Court to make an order under section 91, the payment of sums by way of damages for injury or compensation for loss shall not be included amongst the requirements of a probation order.

(6) Before making a probation order containing requirements as to residence, the Court--

(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.

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/99.Failure to comply with probation order

99. Failure to comply with probation order

(1) If at any time during the probation period it appears to a Supervising Court that a probationer has failed to comply with any of the requirements of the probation order under paragraph 98(4)(a) or (c), the 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.

(2) A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by the probation officer.

(3) A summons or warrant issued under this section shall direct the probationer to appear or be brought before the Supervising Court.

(4) A probationer when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)--

(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.

(5) If it is proved to the satisfaction of the Supervising Court that a probationer has failed to comply with any of the requirements of the probation order under paragraph 98(4)(a) or (c) the Court may, without prejudice to the continuance of the probation order--

(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.

(6) A fine imposed under this section for failing to comply with any of the requirements of a probation order shall be--

(a) deemed for the purpose of any written law to be a sum adjudged to be paid on a conviction; and

(b) taken into account in making any subsequent order upon the probationer under this section or section 100.

(7) For the purposes of paragraph (6)(a), "a sum adjudged to be paid on a conviction" includes any costs, damages or compensation adjudged to be paid on a conviction, of which the amount is ascertained by the conviction.

(8) A probationer who fails to comply with paragraph 98(4)(b) shall be dealt with under section 100.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/100.Commission of further offence

100. Commission of further offence

(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.

(2) A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by the probation officer.

(3) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the Supervising Court.

(4) If it is proved to the satisfaction of the Supervising Court that a probationer in whose case the order was made has been found guilty and dealt with in respect of an offence committed during the probation period, the Court may deal with him for the offence for which the order was made in any manner in which the Court could deal with him if the Court had just found him guilty of that offence.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/101.Effects of probation

101. Effects of probation

(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 conviction 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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/102.Amendment of probation order

102. Amendment of probation order

(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.

(2) If the probation order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the probationer continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection (4).

(3) If a probation order is amended under subsection (1), the Supervising Court shall send to the Court For Children for the new district or area named in the order a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to the Court For Children.

(4) Without prejudice to subsections (1) and (3) the Supervising Court may, on an application made by the probation officer or by the probationer, by order amend the probation order by--

(a) revoking any of the requirements in the probation order; or

(b) inserting in the probation order, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if the order were then being made by the Court in accordance with section 98.

(5) The Supervising Court shall not amend a probation order under subsection (4) by--

(a) reducing the probation period; or

(b) extending that period such that the probation period becomes more than three years.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/103.Discharge of probation order
103. Discharge of probation order

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/104.Court to give copies of amending or discharging order to probation officer

104. Court to give copies of amending or discharging order to probation officer

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/105.Child placed in the care of fit and proper person

Part XI IN THE CARE OF FIT AND PROPER PERSON

105. Child placed in the care of fit and proper person

(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.

(3) If-

(a) on an application made by the parent or guardian or any near relative of a child ordered to be placed in the care of a fit and proper person under subsection (1); and

(b) the Court For Children or the Supervising Court having power to vary or revoke the order is satisfied that the child is not being brought up in accordance with his religion as decided by his parent or guardian,

the Court For Children or the Supervising Court, as the case may be, shall, unless a satisfactory undertaking is given by the person in whose care the child has been placed, either revoke the order or vary the order in such manner as the Court thinks best to secure that the child is from that time onwards brought up in accordance with that religion.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/106.Child who escapes or is removed from the care of fit and proper person

106. Child who escapes or is removed from the care of fit and proper person

(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.

(2) The Court For Children or the Supervising Court before which a child is brought under subsection (1) shall immediately inquire into the case and after taking into account the recommendation of the Protector or probation officer, as the case may be--

(a) order the child to be brought back to that person, if he is willing to receive the child; or

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/107.Offence of removing or helping a child to escape from the care of fit and proper person


107. Offence of removing or helping a child to escape from the care of fit and proper person

(1) Any person who--

(a) removes a child from the care of a fit and proper person without lawful authority;

(b) knowingly assists or induces, directly or indirectly, a child to escape from the person in whose care he has been placed; or

(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the care of such person,

commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/108.Contribution by parent or guardian or other person

Part XII CONTRIBUTION ORDERS

108. Contribution by parent or guardian or other person

(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 place of refuge,

the Court For Children making the order may, at the same time or subsequently, make a contribution order requiring the parent or guardian or other person having custody of the child--

(aa) at the time of the commission of the offence resulting in the order;

(bb) prior to an order made under subsection (1); or

(cc) immediately before the commencement of any proceedings,

to make such contribution or monthly contributions in such manner as the Court thinks fit, having regard to the means of the parent or guardian or the other person.

(2) A Court For Children shall not make any contribution order under subsection (1) if the Court considers that it would not be just for the contribution order to be made having regard to the circumstances and means of the parent or guardian or the other person.

(3) If a contribution order is made pursuant to subsection (1), it shall be the duty of the parent or guardian or the other person against whom the contribution order is made to comply with the contribution order.

(4) All sums payable under a contribution order shall be paid into such Court or to such authority as the Court making the order shall direct.

(5) The Court For Children making any such contribution order may, from time to time, on an application made by--

(a) the parent or guardian or the other person against whom the contribution order is made;

(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.

(6) An order under subsection (1) shall not be made without giving the parent or guardian of the child or the other person having custody of the child an opportunity to be heard.

(7) Notwithstanding subsection (6), an order under subsection (1) may be made if the Court is satisfied on information given by a Protector or probation officer, as the case may be, that the parent or guardian or the other person, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

(8) A contribution order shall remain in force--

(a) in the case of a child ordered to be placed in the care of a fit and proper person, so long as the order is in force; and

(b) in the case of a child ordered to be sent to a place of refuge, a probation hostel, an approved school, a Henry Gurney School, or an approved institution or centre, until he ceases to be under the care of the person in charge for the time being of the place of refuge, probation hostel, approved school, Henry Gurney School, or approved institution or centre.

(9) A contribution is not payable under a contribution order in respect of any period during which--

(a) a child ordered to be sent to an approved school or a Henry Gurney School is out with permission or under the supervision of a probation officer; or

(b) a child ordered to be sent to a place of refuge is on leave of absence from the place of refuge or from being under the supervision of a Social Welfare Officer.

(10) If any person wilfully neglects to comply with a contribution order, a Magistrate may, for every breach of the order--

(a) by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate; or

(b) sentence the person to imprisonment for a term not exceeding one month for each month's contribution remaining unpaid.

(11) The term of imprisonment imposed under paragraph(10)(b) shall terminate when the amount of contribution due is paid.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/109.Power of investigation

Part XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.

109. Power of investigation

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/110.Power to arrest without warrant

110. Power to arrest without warrant

(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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/111.Search by warrant

111. Search by warrant

(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 any reasonable time by day or night and with or without assistance, to--

(aa) enter and search the premises;

(bb) inspect, make copies of, or take extracts from, any book, record or document;

(cc) search any person who is in or on the premises, and for the purposes of that search detain the person and remove 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.

(2) If a child has been placed in a place of safety pursuant to paragraph (1)(dd), the Protector shall, as soon as practicable, inform the parent or guardian who has lawful custody of the child the whereabouts of the child.

(3) Whenever it is necessary to do so, a Protector or police officer exercising any power under subsection (1) may--

(a) break open any outer or inner door or window of any premises in order to effect entry into the premises;

(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 under subsection (1) until the search is completed.

(4) A female person shall not be searched under this section or section 110 except by another female person and a male person shall not be searched except by another male person and such search shall be carried out with strict regard to decency.

(5) A person who by force, restraint, threats, inducement or other means causes any child who is in need of protection to conceal himself in or to leave any premises being searched or about to be searched by a Protector or a police officer under this section, with the intent that the search by such Protector or police officer may be evaded or obstructed, commits an offence.

(6) It shall be the duty of the owner or occupier of any premises searched under this section and any person found in or on the premises to--

(a) provide the Protector or police officer with all such facilities and assistance as he may reasonably require; and

(b) give the Protector or police officer all reasonable information required by him.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/112.Search without warrant

112. Search without warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/113.Power to examine person

113. Power to examine person

(1) A Protector or police officer investigating an offence under this Act may order any person--

(a) acquainted with the facts and circumstances of an offence to attend before him to be examined orally in relation to any matter which may assist in the investigation into the offence; or

(b) to produce any child or any book, article or document which may assist in the investigation into the offence.

(2) A person to whom an order has been given under paragraph(1)(a)--

(a) shall attend in accordance with the terms of the order to be examined; and

(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.

(3) A person to whom an order has been given under paragraph(1)(b)--

(a) shall produce the child unless it can be shown to the satisfaction of the Protector that the child--

(i) is no longer under the custody or control of that person; and

(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.

(4) A person to whom an order is given under subsection(1) shall comply with the order and with subsections (2) and (3) notwithstanding any written law or rule of law to the contrary.

(5) A Protector examining a person under paragraph(1)(a) shall record in writing any statement made by the person so examined and the statement so recorded shall be signed by the person making it or affixed with his thumb-print, as the case may be, after--

(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.

(6) If a person examined under this section refuses to sign or affix his thumb-print on the statement, the Protector shall endorse on the record under his hand the fact of such refusal and the reason for it, if any, stated by the person examined.

(7) Notwithstanding any written law or rule of law to the contrary, the record of an examination under paragraph (1)(a) and any book, article or document produced under paragraph (1)(b) shall be admissible in evidence in any proceedings in any Court for or in relation to an offence under this Act, regardless of whether such proceedings are against--

(a) the person who was examined;

(b) the person who produced the book, article or document; or

(c) any other person.

(8) Any person who contravenes this section commits an offence.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/114.Inspection

114. Inspection

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 lives or is believed to live or to be; and

(b) inquire into the conditions and circumstances of the child, and for the purposes of such inquiry, may require any person to answer any question as he may think proper to ask and such person shall be legally bound to answer such question truthfully to the best of his knowledge or belief.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/115.Obstruction

115. Obstruction

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;

(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 conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/116.Protection of informers

116. Protection of informers

(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.

(3) Except as provided in subsections (4) and (6), a witness in any civil or criminal proceedings shall not be obliged or permitted to disclose the name and address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.

(4) If any book, record or document which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the Court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

(5) This section shall apply to a registered medical practitioner, any member of the family or a child care provider who gives information under section 27, 28 or 29 respectively in the same manner as they apply to a person who gives information that a child is in need of protection.

(6) If during the trial for any offence against this Act, the Court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be fully done between the parties in that proceedings without the discovery of the informer, it shall be lawful for the Court to require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/117.Power of Court For Children conferred on High Court

Part XIV MISCELLANEOUS

117. Power of Court For Children conferred on High Court

Nothing in this Act other than sections 96 and 97 shall affect the powers of the High Court and all the powers which may be exercised under this Act by a Court For Children in respect of a child may in like manner be exercised by the High Court.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/118.Register

118. Register

The Registrar shall cause to be kept and maintained, in such form as may be prescribed, a register to be known as the "Register of Children in Need of Protection".

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/119.Contents of Register

119. Contents of Register

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.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/120.Access to Register

120. Access to Register

(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 assistance to, a child in need of protection.

(2) Details contained in the Register may be furnished to--

(a) persons engaged in bona fide research whose access to the Register is authorized by the Director General for that purpose; or

(b) persons or classes of persons authorized by the Director General to have access to the Register on the grounds that their access to the Register will promote the protection of a child or children.

(3) Details furnished under this section shall not include any information which discloses or likely to lead to the disclosure of the identity of any person who has given any information that a child is in need of protection.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/121.Offence in respect of Register

121. Offence in respect of Register

Any person who furnishes to any other person any details contained in the Register other than pursuant to section 120 commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/122.Certificate of Registrar to be evidence

122. Certificate of Registrar to be evidence

A certificate purporting to be under the hand of the Registrar as to any entry in the Register, or as to any matter or thing which he is authorized by this Act or any regulation made under this Act to do or to make shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of the certificate.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/123.Protection against suit and legal proceedings

123. Protection against suit and legal proceedings

An action shall not lie and prosecution shall not be brought, instituted or maintained in any Court against the Government, Minister, Director General, Protector, Social Welfare Officer, probation officer, police officer or medical officer for anything done or omitted to be done under this Act--

(a) in good faith;

(b) in the reasonable belief that it was necessary for the purpose intended to be served thereby; or

(c) for carrying into effect the provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/124.Public servant

124. Public servant

All officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of the Penal Code.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/125.General penalty

125. General penalty

If no penalty is expressly provided for an offence under this Act, a person who commits such offence shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/126.Institution and conduct of prosecution

126. Institution and conduct of prosecution

(1) A prosecution in respect of an offence under this Act shall not be instituted except by or with the consent in writing of the Public Prosecutor.

(2) Notwithstanding that he has been authorized under the Criminal Procedure Code to prosecute, a person who is the investigating officer of an offence under this Act shall not prosecute the case in respect of that offence.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/127.Service of document

127. Service of document

(1) Service of document on any person shall be effected by--

(a) delivering the document to that person or by delivering the document at the last known place of residence of that person to an adult member of his family;

(b) leaving the document at the usual or last known place of residence or business of that person in a cover addressed to that person; or

(c) forwarding the document by registered post in a prepaid letter addressed to that person at his usual or last known place of residence or business.

(2) If a document is served by prepaid registered post it shall be deemed to have been served on the day succeeding the day on which the document would have been received in the ordinary course of post.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/128.Power to make regulations

128. Power to make regulations

(1) The Minister may make such regulations as appears to him to be necessary or expedient for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes:

(a) to prescribe the conduct, management, discipline and control of approved schools, Henry Gurney Schools, probation hostels or centres;

(b) to provide for the maintenance, discipline, treatment and education, vocational or otherwise, of the children or other persons detained in approved schools or Henry Gurney Schools including--

(i) the powers, duties and functions of the Board of Visitors;

(ii) the grant of leave of absence to children and other persons detained;

(iii) visits to, and inspections of, the schools by persons or bodies of persons appointed by the Minister from time to time for any area or areas; and

(iv) the order or punishment for breaches of discipline of children or other persons detained;

(c) to prescribe the duties and responsibilities of probation officers;

(d) to prescribe the constitution and duties of Child Welfare Committees;

(e) to prescribe the qualifications, duties and training of advisers;

(f) to provide for the care, control, detention, discipline, admission, discharge and aftercare, temporary absence, maintenance, education and training of children placed in places of safety and places of refuge;

(g) to regulate the management, administration, visitation and inspection of places of safety and places of refuge;

(h) to provide for--

(i) the care, maintenance and education of children placed in the care, custody or control of any fit and proper person under the provisions of this Act; and

(ii) the duties of such fit and proper person in taking care of the child;

(i) to prescribe the selection and qualifications of fit and proper persons with whom a child in need of care and protection may be placed;

(j) to require the persons in charge of places of safety and places of refuge to submit to the Director General returns, reports and information in respect of children placed therein;

(k) to prescribe the duties and responsibilities of foster parents;

(l) to prescribe the composition, duties, functions and procedures of conducting the business of Boards of Visitors;

(m) to prescribe the procedures and practice of Child Protection Teams;

(n) to prescribe the particulars, photographs or other means of identification to be furnished in relation to a child in need of protection;

(o) to require the furnishing of information as to changes of address of every child in need of protection and of the persons having custody of the child, and the transfer of records and registers in such cases;

(p) to prescribe the records to be kept in respect of every child in need of protection and the manner in which the records shall be kept;

(q) to prescribe the keeping and maintenance of Registers;

(r) to prescribe the forms to be used and information to be furnished for any of the purposes of this Act;

(s) to prescribe the form of notices, orders, warrants, summonses and bonds under this Act and the manner of service thereof;

(t) to prescribe the functions, powers and duties of officers and persons conferred with powers under this Act and the manner and conditions in and under which the powers conferred by this Act shall be exercised by the officers or persons;

(u) to prescribe any other matter required or permitted to be prescribed under this Act; and

(v) to provide for any other matter which the Minister deems ?expedient or necessary for the purposes of this Act.

(3) Regulations made under subsection (1) may provide that the contravention of any provision in the regulations is an offence and that the person who commits the offence is punishable on conviction with a fine or a term of imprisonment or both but may not provide for the fine to exceed five thousand ringgit or the term of imprisonment to exceed two years.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/129.Interpretation

Part XV SAVINGS AND TRANSITIONAL PROVISIONS

129. Interpretation

In this Part--

"repealed Acts"

means the Juvenile Courts Act 1947 [ Act 90], the Women and Girls Protection Act 1973 [ Act 106] and the Child Protection Act 1991 [ Act 468] repealed under this Act;

"Juvenile Court"

means the Juvenile Court established under the Juvenile Courts Act 1947;

"appointed date"

means the date on which this Act comes into operation.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/130.Repeal