CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611

Incorporating all amendments up to 1 January 2007

ACT 611
CHILD ACT 2001
(Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title, application and commencement

2.Interpretation

Part II CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN

SECTION

3.Establishment of the Co-ordinating Council for the Protection of Children

4.Membership of Council

5.Meeting of Council

6.Establishment of committees

7.Establishment of Child Protection Teams

Part III APPOINTMENT OF PROTECTOR, ETC.

SECTION

8.Appointment and powers of Protectors

9.Appointment of Registrar General and Registrar

10.Appointment of probation officers

Part IV COURTS FOR CHILDREN

SECTION

11.Constitution and jurisdiction of Court For Children

12.Place of sitting and persons who may be present in Court For Children

13.Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

14.Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

15.Restrictions on media reporting and publication

16.Presumption as to age

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 1 GENERAL

SECTION

17.Meaning of child in need of care and protection

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT

SECTION

18.Taking a child into temporary custody

19.Production before Court For Children

20.Child in need of medical examination or treatment

21.Medical examination and treatment

22.Authorization of hospitalization

23.Control over hospitalized children

24.Authorization of medical treatment

25.Steps to be taken after medical examination or treatment

26.No liability incurred for giving authorization

27.Duty of medical officer or medical practitioner

28.Duty of member of the family

29.Duty of child care provider

30.Powers of Court For Children

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 3 OFFENCES IN RELATION TO THE HEALTH AND WELFARE OF CHILDREN

SECTION

31.Ill-treatment, neglect, abandonment or exposure of children

32.Children not to be used for begging, etc.

33.Offence to leave child without reasonable supervision

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 4 NOTIFICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL

SECTION

34.Application and interpretation

35.Notification of taking a child into care, custody or control

36.Subsequent obligations

37.Power of Protector to require child to be produced before him

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 1 GENERAL

SECTION

38.Meaning of child in need of protection and rehabilitation

39.Removal of a child to place of refuge

40.Orders upon completion of an inquiry

41.Children in urgent need of protection

42.Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 2 Offences

SECTION

43.Offences

44.Presumptions relating to section 43

45.Detention pending proceedings

Part VII BEYOND CONTROL

SECTION

46.Children beyond control

47.Supervision by probation officer

Part VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN

SECTION

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

49.Importation of child by false pretences

50.Examination of child and person in charge

51.Protector may require security

52.Offence of taking or sending out a child without appropriate consent of person having lawful custody

53.Recovery order

Part IX INSTITUTIONS

Chapter 1 PLACES OF SAFETY AND PLACES OF REFUGE

SECTION

54.Places of safety

55.Places of refuge

56.Child who escapes or is removed 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

Part IX INSTITUTIONS

Chapter 2 PLACES OF DETENTION

SECTION

58.Places of detention

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

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

Part IX INSTITUTIONS

Chapter 3 PROBATION HOSTELS

SECTION

61.Probation hostels

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

63.Child who escapes or is removed from probation hostel

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

Part IX INSTITUTIONS

Chapter 4 Approved schools

SECTION

65.Approved schools

66.Child under ten years of age not to be sent to approved school

67.When a child can be sent to approved school

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

69.Further detention in approved school beyond period of order

70.Aftercare of child released from approved school

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

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

Part IX INSTITUTIONS

Chapter 5 HENRY GURNEY SCHOOLS

SECTION

73.Henry Gurney Schools

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

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

Part IX INSTITUTIONS

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

SECTION

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

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

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

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

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

Part IX INSTITUTIONS

Chapter 7 MISCELLANEOUS

SECTION

81.Child or person detained to be subject to regulations

82.Board of Visitors

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 1 CHARGE, BAIL, ETC.

SECTION

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

84.Bail

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

86.Custody of child not discharged on bail after arrest

87.Submission of information by police officer after arrest

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 2 TRIALS

SECTION

88.Parent or guardian required to attend

89.Parents or guardian may be required to withdraw

90.Procedure in Court For Children

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

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

SECTION

91.Powers of Court For Children on proof of offence

92.Manner of executing whipping

93.Parent or guardian to execute bond

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

95.Appeals

96.Restrictions on order of imprisonment

97.Death

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 4 PROBATION

SECTION

98.When probation may be ordered

99.Failure to comply with probation order

100.Commission of further offence

101.Effects of probation

102.Amendment of probation order

103.Discharge of probation order

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

Part XI IN THE CARE OF FIT AND PROPER PERSON

SECTION

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

106.Child who escapes or is removed 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

Part XII CONTRIBUTION ORDERS

SECTION

108.Contribution by parent or guardian or other person

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

SECTION

109.Power of investigation

110.Power to arrest without warrant

111.Search by warrant

112.Search without warrant

113.Power to examine person

114.Inspection

115.Obstruction

116.Protection of informers

Part XIV MISCELLANEOUS

SECTION

117.Power of Court For Children conferred on High Court

118.Register

119.Contents of Register

120.Access to Register

121.Offence in respect of Register

122.Certificate of Registrar to be evidence

123.Protection against suit and legal proceedings

124.Public servant

125.General penalty

126.Institution and conduct of prosecution

127.Service of document

128.Power to make regulations

Part XV SAVINGS AND TRANSITIONAL PROVISIONS

SECTION

129.Interpretation

130.Repeal

131.References to Juvenile Court, etc.

132.Continuance of Council, etc.

133.Continuance of rules, etc.

134.Institutions established or appointed

135.Prevention of anomalies

First Schedule

Second Schedule

An Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto.

[1 August 2002, P.U.(B) 229/2002]

RECOGNIZING that the country's vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane:

RECOGNIZING that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity:

ACKNOWLEDGING that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society:

RECOGNIZING every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status:

ACKNOWLEDGING the family as the fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they may develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of the human person:

RECOGNIZING the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society:

NOW, THEREFORE, ENACTED by the Parliament of Malaysia as follows:

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/1.Short title, application and commencement

Part I PRELIMINARY

1. Short title, application and commencement

(1) This Act may be cited as the Child Act 2001.

(2) This Act applies throughout Malaysia.

(3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/2.Interpretation

2. Interpretation

(1) In this Act, unless the context otherwise requires--

"member of the family"

includes a parent or a guardian, or a member of the extended family, who is a household member;

"household member"

means a person who ordinarily resides in the same household as the child;

"probation hostel"

means a hostel established or appointed under section 61 as a place of residence for children required to reside there under Part X;

"Register"

means the Register kept and maintained under section 118;

"prescribed"

means prescribed by regulations made under section 128;

"hospital"

means any Government hospital or any teaching hospital of a University;

"foster parent"

means a person, not being a parent or a relative of a child--

"Child Welfare Committee",

in relation to a State, means a Committee appointed by the Minister to oversee the welfare of persons coming within the purview of Part X and to assist the probation officer in any district or area;

"grave crime" i

ncludes--

"child"

--

"probationer"

means a child for the time being under supervision by virtue of a probation order;

"extended family",

in relation to a person, means persons related by consanguinity, affinity or adoption to that person;

"Director General"

means the Director General of Social Welfare;

"probation report"

means a report prepared by a probation officer under subsection 90(13);

"Board of Visiting Justices"

means the Board of Visiting Justices appointed under section 64 of the Prison Act 1995 [Act 537];

"Board of Visitors"

means the Board of Visitors appointed by the Minister under section 82;

"Court"

means the Court For Children or any other Court, as the case may require;

"Court For Children"

means the Court For Children constituted under section 11;

"Magistrate's Court"

means a Court of a Magistrate of the First Class;

"Supervising Court"

means the Court For Children for the district or area in which a probationer is required to reside;

"Magistrate"

means a Magistrate of the First Class;

"Council"

means the Co-ordinating Council for the Protection of Children established under section 3;

"Minister"

means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the "Minister" is made, acting individually or jointly or in consultation, as the case may require;

"Child Protection Team"

means a team established by the Council under section 7;

"probation officer"

means a probation officer appointed under section 10;

"senior police officer"

has the same meaning as in the Police Act 1967 [ Act 344];

"Social Welfare Officer"

means any Social Welfare Officer in the Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer;

"medical officer"

means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a University;

"police officer"

has the same meaning as in the Police Act 1967;

"prostitution"

means the act of a person offering that person's body for sexual gratification for hire whether in money or in kind; and "prostitute" shall be construed accordingly;

"Protector"

means--

"owner"

--

"Registrar"

means the Registrar of Children in Need of Protection appointed under subsection 9(2) and includes the Registrar General;

"Registrar General"

means the Registrar General of Children in Need of Protection appointed under subsection 9(1);

"registered medical practitioner"

means a medical practitioner registered under the Medical Act 1971 [ Act 50];

"conveyance" i

ncludes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle;

"child care provider"

means a person who looks after one or more children for valuable consideration for any period of time;

"occupier"

--

"guardian",

in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

"probation order"

means a probation order made under section 98;

"Henry Gurney School order"

means an order made by a Court For Children sending a child aged fourteen years or above to a Henry Gurney School;

"approved school order"

means an order made by a Court For Children sending a child to an approved school;

"contribution order"

means a contribution order made under section 108;

"centre"

means a privately-owned shelter or institution approved by the Minister, set up for the care, protection and rehabilitation of children;

"brothel"

means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution;

"Henry Gurney School"

means a school--

"approved school"

means a school established or appointed under section 65 and includes a centre;

"place"

includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;

"place of assignation"

means any place where communication is established with any child either directly or through intermediary for purposes of prostitution;

"place of refuge"

means any place of refuge established or appointed under section 55;

"place of safety"

means any place of safety established or appointed under section 54;

"place of detention""

"probation period"

means the period for which a probationer is placed under supervision by a probation order;

"Deputy Director General"

means the Deputy Director General of Social Welfare.

(2) In this Act, unless the context otherwise requires, the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan shall each be regarded as a State.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/3.Establishment of the Co-ordinating Council for the Protection of Children

Part II CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN

3. Establishment of the Co-ordinating Council for the Protection of Children

(1) There shall be established a Council which shall be known as the "Co-ordinating Council for the Protection of Children".

(2) The Council shall--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/4.Membership of Council

4. Membership of Council

(1) The Council shall consist of the following members:

(2) Each member of the Council appointed under paragraph(1)(m) shall, unless he sooner resigns, hold office for a period not exceeding three years and is eligible for reappointment.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/5.Meeting of Council

5. Meeting of Council

(1) The Council shall meet at least four times in a year at such time and place as the Chairman may determine.

(2) Every meeting of the Council shall be presided over--

(3) Seven members of the Council shall form a quorum at any meeting of the Council.

(4) If on any question to be determined there is an equality of votes, the Chairman, or the Deputy Chairman or the member referred to in paragraph (2)(c) if he is presiding over the meeting, shall have a casting vote in addition to his deliberative vote.

(5) Subject to this Act, the Council may determine its own procedure.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/6.Establishment of committees

6. Establishment of committees

(1) The Council may establish such committees as it deems necessary or expedient to assist it in the performance of its functions under this Act.

(2) A committee established under subsection (1)--

(3) Members of the committees established under subsection(1) may be appointed from amongst members of the Council or such other persons as the Council thinks fit.

(4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.

(5) The Council may revoke the appointment of any member of a committee without assigning any reason therefor.

(6) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.

(7) The Council may, at any time, discontinue or alter the constitution of a committee.

(8) A committee shall hold its meetings at such times and places as the chairman of the committee may determine.

(9) A committee may invite any person to attend a meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/7.Establishment of Child Protection Teams

7. Establishment of Child Protection Teams

(1) The Council shall establish throughout Malaysia groups of persons, each group to be known as a "Child Protection Team", for the purpose of co-ordinating locally-based services to families and children if children are or are suspected of being in need of protection.

(2) A Child Protection Team shall consist of the following members:

(3) A Child Protection Team shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/8.Appointment and powers of Protectors

Part III APPOINTMENT OF PROTECTOR, ETC.

8. Appointment and powers of Protectors

(1) The Minister may, by notification in the Gazette, appoint such number of Social Welfare Officers to exercise the powers and perform the duties of a Protector under this Act subject to such conditions as may be specified in the notification.

(2) A Protector--

(3) Every order or summons purporting to be issued by and under the hand and seal of the Protector in pursuance of this Act shall be received in evidence in any Court without further proof and shall be prima facieevidence of the facts stated in such order or summons.

(4) All acts done in pursuance of any order or summons referred to in subsection (3) shall be deemed to have been authorized by law.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/9.Appointment of Registrar General and Registrar

9. Appointment of Registrar General and Registrar

(1) The Minister may appoint a Social Welfare Officer to be the Registrar General of Children in Need of Protection for the purposes of this Act.

(2) The Minister may appoint such number of public officers as he deems necessary by name or by office to be Registrars of Children in Need of Protection.

(3) The Registrar General shall have the general supervision and control of--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/10.Appointment of probation officers

10. Appointment of probation officers

(1) The Minister may, by notification in the Gazette, appoint such number of Social Welfare Officers as he deems necessary to be probation officers throughout Malaysia or any part of Malaysia.

(2) A probation officer when acting under a probation order shall be subject to the control of the Supervising Court.

(3) In this section, "Social Welfare Officers" includes Social Welfare Assistants.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/11.Constitution and jurisdiction of Court For Children

Part IV COURTS FOR CHILDREN

11. Constitution and jurisdiction of Court For Children

(1) Courts constituted in accordance with this Act and sitting for the purpose of--

shall be known as the "Courts For Children".

(2) A Court For Children shall consist of a Magistrate who, in the exercise of his functions as a Court For Children except when making an order under subsection 39(4), 42(4), 84(3) or 86(1), as the case may require, shall be assisted by two advisers to be appointed by the Minister from a panel of persons resident in the State.

(3) One of the two advisers mentioned in subsection (2) shall be a woman.

(4) The functions of the advisers are--

(5) A Court For Children shall have jurisdiction to try all offences except offences punishable with death.

(6) Except as modified or extended by this Part, the Criminal Procedure Code [ Act 593] shall apply to Courts For Children as if Courts For Children were Magistrates' Courts.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/12.Place of sitting and persons who may be present in Court For Children

12. Place of sitting and persons who may be present in Court For Children

(1) A Court For Children shall, if practicable, sit--

(2) If a Court For Children sits in the same building as other Courts, the Court For Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court For Children with privacy.

(3) No person shall be present at any sitting of a Court For Children except--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/13.Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

13. Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

Except as specified in this Act, any period specified in any order made by a Court For Children under this Act shall not extend beyond the date on which the child to whom the order relates attains the age of eighteen years.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/14.Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

14. Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

(1) Notwithstanding anything in this Act or any written law or any rule of law, a Court For Children may, if the Court finds that circumstances warrant it, make an order relating to--

which has the effect of extending the period of such detention, supervision or probation beyond the date on which the child attains the age of eighteen years.

(2) The order referred to in subsection (1) shall be complied with by the child and all parties to whom the order relates so long as the order remains in force and have effect.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/15.Restrictions on media reporting and publication

15. Restrictions on media reporting and publication

(1) Notwithstanding any written law to the contrary, any mass media report regarding--

shall not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child so concerned either as being the person against or in respect of whom action is taken or as being a witness to the action.

(2) A picture of--

shall not be published in any newspaper or magazine or transmitted through any electronic medium.

(3) The Court For Children, in any case--

dispense with the requirements of this section to such an extent as the Court may deem expedient.

(4) Any person who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(5) For the purposes of this section, "transmit" includes broadcast by radio or television.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/16.Presumption as to age

16. Presumption as to age

(1) If in a charge for an offence triable under this Act--

he shall, for the purposes of this Act, be presumed at that date to have been under or to have attained that age, as the case may be, and any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated.

(2) If the Court For Children is in doubt as to the exact age of the person who is alleged to have committed an offence, the certificate of a medical officer to the effect that, in his opinion, the person has or has not attained a specified age may be given in evidence, and the Court For Children shall declare that person's age for the purposes of this Act.

(3) The age so declared by the Court For Children under subsection(2) shall be deemed to be the true age of that person, unless and until the contrary is proved.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/17.Meaning of child in need of care and protection

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 1 GENERAL

17. Meaning of child in need of care and protection

(1) A child is in need of care and protection if--

(2) For the purposes of this Part, a child is--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/18.Taking a child into temporary custody

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT

18. Taking a child into temporary custody

Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the Protector or police officer is satisfied that--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/19.Production before Court For Children

19. Production before Court For Children

(1) Subject to section 20, every child who is taken into temporary custody under section 18 shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place the child was so taken into custody 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 placed in--

until such time as the child can be brought before a Court For Children.

(3) If a child is placed in a place of safety or in the care of a fit and proper person under subsection (2)--

(4) A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.

(5) A police officer who takes a child into temporary custody under this section shall, immediately upon such taking, notify the Protector of such taking.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/20.Child in need of medical examination or treatment

20. Child in need of medical examination or treatment

(1) If a Protector or police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Protector or police officer may, instead of bringing the child before a Court For Children or Magistrate, as the case may be, present the child before a medical officer.

(2) If at the time of being taken into custody a child is a patient in a hospital, the Protector or police officer who takes the child into custody may leave the child in the hospital.

(3) If a Protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.

(4) If the person referred to in subsection (3) fails to comply within forty-eight hours with a direction made under that subsection, a Protector or police officer may take the child into temporary custody for the purpose of presenting the child before a medical officer.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/21.Medical examination and treatment

21. Medical examination and treatment

A medical officer before whom a child is presented under subsection 20(1) or (4)--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/22.Authorization of hospitalization

22. Authorization of hospitalization

If the medical officer who examines a child under section 21 is of the opinion that the hospitalization of the child is necessary for the purposes of medical care or treatment, a Protector or police officer may authorize the child to be hospitalized.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/23.Control over hospitalized children

23. Control over hospitalized children

If a child is hospitalized under section 22, the Director General shall have the like control over, and responsibility for the maintenance of, that child as a person in charge of a place of safety would have had if the child had been placed in that place of safety.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/24.Authorization of medical treatment

24. Authorization of medical treatment

(1) If, in the opinion of a medical officer, the child referred to in section 21 requires treatment for a minor illness, injury or condition, a Protector or police officer may authorize such treatment.

(2) If, in the opinion of a medical officer, the child referred to in section 21 is suffering from a serious illness, injury or condition or requires surgery or psychiatric treatment, a Protector or police officer--

(3) If a medical officer has certified in writing that there is immediate risk to the health of a child, a Protector may authorize, without obtaining the consent referred to in subsection (2), such medical or surgical or psychiatric treatment as may be considered necessary by the medical officer but only under any of the following circumstances:

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/25.Steps to be taken after medical examination or treatment

25. Steps to be taken after medical examination or treatment

(1) A child who is taken into custody under section 18 and is medically examined or treated under section 21 shall be brought before a Court For Children within twenty-four hours--

(2) If it is not possible to bring the child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in--

until such time as the child can be brought before a Court For Children.

(3) A child who--

shall be returned to the person from whose care the child was taken--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/26.No liability incurred for giving authorization

26. No liability incurred for giving authorization

(1) If a child is examined or treated pursuant to section 21 or  24--

shall not incur any liability at law by reason only that a child is examined or treated pursuant to that section.

(2) Nothing contained in subsection (1) relieves a medical officer from liability in respect of the examination or treatment of a child which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the child or person having authority to consent to the examination or treatment.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/27.Duty of medical officer or medical practitioner

27. Duty of medical officer or medical practitioner

(1) If a medical officer or a registered medical practitioner believes on reasonable grounds that a child he is examining or treating is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.

(2) Any medical officer or registered medical practitioner who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(3) If the registered medical practitioner referred to in subsection(1) is a medical officer, he may take the child referred to in that subsection into temporary custody until such time as the temporary custody of the child is assumed by a Protector or police officer.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/28.Duty of member of the family

28. Duty of member of the family

(1) If any member of the family of a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.

(2) Any member of the family who fails to comply with subsection(1) commits an offence and shall on conviction be released on a bond on conditions to be determined by the Court.

(3) Any member of the family who fails to comply with any of the conditions of the bond provided for in subsection (2) 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,,/29.Duty of child care provider

29. Duty of child care provider

(1) If a child care provider believes on reasonable grounds that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.

(2) Any child care provider who fails to comply with subsection(1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/30.Powers of Court For Children

30. Powers of Court For Children

(1) If a Court For Children is satisfied that any child brought before it under section 19 or 25 is a child in need of care and protection, the Court For Children may--

for a period specified by the Court For Children;

(2) If the Court For Children makes an order under paragraph(1)(e), the Director General shall, in order to give effect to the order, immediately endeavour to place the child in the care, custody and control of a foster parent.

(3) If at any subsequent time the foster parent intends to return the child who has been placed in his care, custody and control under paragraph (1)(e), he shall report in person to the Protector and bring the child before the Protector, and the Protector shall place the child in a place of safety.

(4) If during the period mentioned in paragraph (1)(e) the parent or guardian of the child concerned has not claimed the child or made any appearance, the Court For Children may--

make an order placing the child for adoption by the foster parent or any person who wishes to adopt the child and in any such case--

(5) In determining what order to be made under subsection(1), the Court For Children shall treat the best interests of a child as the paramount consideration.

(6) Before making an order under subsection (1) or (4), the Court For Children shall consider and take into account any report prepared by the Protector which--

(7) In order to enable the Protector to prepare and submit the report referred to in subsection (6), the Court For Children may--

(8) A Court For Children may, in making any order under subsection(1), impose such conditions or give such directions as the Court may deem fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:

(9) Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (8) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.

(10) An order under subsection (1) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.

(11) Notwithstanding subsection (10), an order under subsection (1) may be made if the Court For Children is satisfied on information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

(12) If the Court For Children is not satisfied that a child brought before it under section 19 or 25 is in need of care and protection, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.

(13) A Court For Children may, on the application of--

amend, vary or revoke any order made under this section--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/31.Ill-treatment, neglect, abandonment or exposure of children

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 3 OFFENCES IN RELATION TO THE HEALTH AND WELFARE OF CHILDREN

31. Ill-treatment, neglect, abandonment or exposure of children

(1) Any person who, being a person having the care of a child--

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

(2) The Court--

(3) If a person who is ordered to execute a bond to be of good behaviour under subsection (2) fails to comply with any of the conditions of such bond, he shall be liable to a further fine not exceeding ten thousand ringgit or to a further imprisonment for a term not exceeding five years or to both.

(4) A parent or guardian or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to so provide from his own resources, he fails to provide adequate food, clothing, medical or dental treatment, lodging or care for the child.

(5) A person may be convicted of an offence against this section notwithstanding that--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/32.Children not to be used for begging, etc.

32. Children not to be used for begging, etc.

Any person who causes or procures any child or, being a person having the care of a child, allows that child to be on any street, premises or place for the purposes of--

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,,/33.Offence to leave child without reasonable supervision

33. Offence to leave child without reasonable supervision

Any person who, being a parent or a guardian or a person for the time being having the care of a child, leaves that child--

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,,/34.Application and interpretation

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 4 NOTIFICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL

34. Application and interpretation

(1) This Chapter shall not apply to the taking of a child--

(2) In this Chapter, "guardian" of a child means a person--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/35.Notification of taking a child into care, custody or control

35. Notification of taking a child into care, custody or control

(1) If a person takes a child into his care, custody or control--

shall, not later than one week thereafter, notify the Protector of such taking.

(2) On receiving any notification under subsection (1), the Protector shall make such inquiry as he thinks fit as to--

(3) If, after the inquiry referred to in subsection (2), the Protector deems it expedient to do so in the best interests of the child, he may either--

(4) If the taking of a child by any person has been permitted under paragraph (3)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector may by warrant under his hand order that the child--

(5) For the purposes of this section, a "person" includes an institution or a centre--

(6) A Protector shall, on receiving any notification under this section, record the particulars of such notification in a register in such form as may be prescribed.

(7) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten 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,,/36.Subsequent obligations

36. Subsequent obligations

(1) If the taking of a child has been notified to and permitted by a Protector under section 35, the person who has taken the child shall, if at any subsequent time--

report in person to the Protector and shall, whenever practicable, bring or cause to be brought before the Protector the child and the parent or guardian of the child or any other person from whom the child was taken.

(2) On receiving a report under subsection (1), the Protector shall make a note of the report and shall if--

(3) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/37.Power of Protector to require child to be produced before him

37. Power of Protector to require child to be produced before him

(1) If a Protector has reason to believe that there is, within the area or the State within which he exercises jurisdiction, a child in respect of whose taking no notification has been made pursuant to section 35, he may, by summons under his hand addressed to the person who has or is believed to have the care, custody or control of the child, require that person to appear and to produce the child before him at the time and place specified in the summons for the purposes of an inquiry under subsection (4).

(2) If a person on whom a summons has been served under subsection(1) fails to produce the child at the time and place specified in the summons, the Protector may apply to a Magistrate for a search warrant under section 111 to be issued to search for the child and to produce him before the Protector.

(3) Any child named or described in such warrant may be temporarily--

until the Protector has completed his inquiry under this Chapter.

(4) The Protector shall make such inquiry as he thinks fit as to--

(5) If, after the inquiry mentioned in subsection (4), the Protector deems it expedient in the best interests of the child, he may--

(6) If the taking of a child by any person has been permitted under paragraph (5)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector may by warrant under his hand order that the child--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/38.Meaning of child in need of protection and rehabilitation

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 1 GENERAL

38. Meaning of child in need of protection and rehabilitation

A child is in need of protection and rehabilitation if the child--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/39.Removal of a child to place of refuge

39. Removal of a child to place of refuge

(1) Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge.

(2) Every child who is temporarily detained under subsection(1) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.

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

(4) If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children may order the child to be detained in a place of refuge until--

(5) If the Court For Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/40.Orders upon completion of an inquiry

40. Orders upon completion of an inquiry

(1) An inquiry mentioned in subsection39(4) shall be made by a Protector.

(2) A Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date of the admission of a child to a place of refuge under subsection 39(1).

(3) If after considering the report submitted under subsection (2) the Court For Children is satisfied that any child brought before it is a child in need of protection and rehabilitation the Court may, subject to the other provisions in this section--

(4) The order made under paragraph (3)(a) or (d) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on which the child attains the age of eighteen years.

(5) In determining what order to be made under subsection(3), the Court For Children shall treat the best interests of a child as the paramount consideration.

(6) Notwithstanding paragraph (3)(a), the Board of Visitors of the place of refuge in which a child is being detained may reduce the period of detention of the child but no reduction shall be made which will have the effect of enabling the child to be released from the place of refuge within twelve months from the date of his admission into the place of refuge as specified in that paragraph, except by the authority of the Minister.

(7) The Court For Children shall, when making an order under paragraph (3)(a) or (d), order the parent or guardian of a child to execute a bond for the duration of the order with such conditions which may include--

(8) Any person who--

commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

(9) Any child sent to a place of refuge for detention under paragraph (3)(a) shall, on the expiration of the period of his detention whether by--

be placed under the supervision of a Social Welfare Officer or other person appointed by the Protector for such purpose.

(10) The period of supervision for the purpose of subsection(9) shall be determined by the Board of Visitors of the place of refuge on the recommendation of the Protector but shall not in any case exceed one year from the date of expiration of the period of detention of the child.

(11) The Minister may on the application of the child or his parent or guardian exempt the child from the application of subsection(9) if he is satisfied that the case warrants such exemption.

(12) Without prejudice to the powers of the Board of Visitors pursuant to subsection (6) the Court For Children may, on the application in writing made by--

amend, vary or revoke any order made under this section--

(13) An order under subsection (3) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.

(14) Notwithstanding subsection (13), an order under subsection (3) may be made if the Court For Children is satisfied on information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/41.Children in urgent need of protection

41. Children in urgent need of protection

(1) Any child who is in urgent need of protection may on his own application in the prescribed form be received by the Protector into a place of refuge if the Protector is satisfied that the child is in urgent need of protection.

(2) A child is in urgent need of protection if there is reasonable cause to believe that--

(3) Subject to subsections (4) and (5), and if circumstances warrant it, the person in charge of any place of refuge may receive into the place of refuge any child who--

(4) If the person in charge of a place of refuge receives any child under subsection (3), that child shall be brought before a Protector within twenty-four hours of his admission into the place of refuge with a full report of the circumstances.

(5) A child admitted under this section is permitted to reside in the place of refuge only so long as the Protector is satisfied that the child is in urgent need of protection under this section.

(6) The Protector--

shall immediately inform the Court For Children of such admission with a full report of the circumstances and shall in the like manner inform the Court of his departure.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/42.Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

42. Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

(1) If the Protector has reasonable cause to believe that a child--

the Protector may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge.

(2) Every child who is temporarily detained under subsection(1) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.

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

(4) The Court For Children before whom a child is brought shall order the child to be detained in a place of refuge until--

(5) An inquiry referred to in paragraph (4)(a) shall be made by a Protector.

(6) The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date of the admission of the child to the place of refuge.

(7) If after considering the report submitted under subsection (6) the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court may--

(8) The order made under subsection (7) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on which the child attains the age of eighteen years.

(9) Subsections 40(12) to(14) shall apply in respect of any order made under subsection (7) as they apply to an order made under section 40.

(10) If the Court For Children is not satisfied that the child brought before it is in need of protection and rehabilitation, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/43.Offences

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 2 Offences

43. Offences

(1) Any person who--

commits an offence and shall on conviction--

(2) Any person who is convicted of a second or subsequent offence--

in addition to any term of imprisonment imposed in relation to such offence.

(3) Sections 173a and 294 of the Criminal Procedure Code shall not apply in respect of offences under paragraphs (1)(i) and (j).

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/44.Presumptions relating to section 43

44. Presumptions relating to section 43

For the purposes of section 43, it shall be presumed until the contrary is proved that a person--

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/45.Detention pending proceedings

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--

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--

(2) If after considering the report referred to in paragraph(1)(b) the Court For Children is satisfied that--

the Court For Children may, on the recommendation of the probation officer, order that the child--

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--

(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--

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--

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--

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--

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--

the Protector may--

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--

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--

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--

(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--

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--

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--

(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--

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--

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--

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--

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--

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--

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--

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--

(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--

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--

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--

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--

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--

(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--

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--

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--

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--

(3) Notwithstanding subsection (2), the Director General of Prisons may, in his discretion--

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--

to be removed to a Henry Gurney School.

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

(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)--

(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--

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--

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--

(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--

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--

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--

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--

(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--

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--

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--

(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--

(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--

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

(10) If the Court For Children finds the child is not guilty, the Court shall record an order of acquittal.

(11) If --

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--

(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--

(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--

(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--

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--

(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--

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:

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:

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

(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--

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--

(2) If--

the Court may make an order requiring the parent or guardian--

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--

(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--

(3) If the Court makes an order under subsection (2), that person shall, notwithstanding anything in this Act--

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

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--

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--

(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--

(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--

(7) The Court For Children which makes a probation order shall--

(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--

(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)--

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--

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

(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--

the Supervising Court may issue--

(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--

(2) Subsection (1) shall not affect--

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--

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

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--

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--

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--

as the case may be.

(3) If--

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--

(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--

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--

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--

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--

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--

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--

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