CHILD ACT 2001
(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 .
(1) In this Act, unless the context otherwise requires-
"member of the family" includes a parent or a guardian, or a relative;
[Subs. by Act A1511]
"household member" [Deleted by Act A1511] ;
"probation hostel" means a hostel established or appointed under section 61 as a place of residence for children required to reside there under sections 46 and 98; [Subs. by Act A1511]
"Register" means the Register kept and maintained under section 11 8;
"prescribed" means prescribed by regulations made under section 12 8;
"hospital" means any Government hospital or any teaching hospital of a public institution of higher learning, but does not include any part of the Governmen 3 PART II NATIONAL COUNCIL FOR CHILDREN-3. Establishment of the National Council for Children.
(1) A council to be known by the name of "National Council for Children" is established.
(2) The functions of the Council are-
(a) to advise and make recommendations to the Government on all issues and aspects relating to the care, protection, rehabilitation, development and participation of children at the national, regional and international level;
(b) to develop programmes and strategies aiming at educating the society and to raise awareness throughout society, including at the family level, regarding the rights and dignity of a child;
(c) to develop programmes aiming at educating the society in the prevention of child abuse and neglect as well as the prevention of child's involvement in immoral or criminal acts;
(d) to ensure that the standard of services provided by Government agencies and departments, non-governmental bodies or organizations and private secto
3A PART II NATIONAL COUNCIL FOR CHILDREN-3A. Funds.
The Government shall allocate the Council with adequate funds annually to enable the Council to perform its functions under this Act.
[Ins. by Act A1511]
4 PART II NATIONAL COUNCIL FOR CHILDREN-4. Membership of Council.
(1) The Council shall consist of the following members:
(a) the Minister charged with the responsibility for welfare services who shall be the Chairman;
(b) the Secretary General of Treasury or his representative;
(c) the Secretary General of the Ministry responsible for welfare services who shall be the Deputy Chairman;
(d) the Attorney General or his representative;
(e) the Inspector General of Police or his representative;
(f) the Secretary General of the Ministry responsible for human resources or his representative;
(g) the Secretary General of the Ministry responsible for home affairs or his representative;
(h) the Secretary General of the Ministry responsible for communications or his representative;
(i) the Director General of Health or his representative;
(j) the
4A PART II NATIONAL COUNCIL FOR CHILDREN-4A. Revocation and resignation.
(1) The Minister may, at any time, revoke the appointment of any member of the Council appointed under paragraph 4(1) (r) or (s) .
(2) Any member of the Council appointed under paragraph 4(1) (r) or (s) may, at any time, resign by giving a one-month written notice to the Minister.
[Ins. by Act A1511]
5 PART II NATIONAL COUNCIL FOR CHILDREN-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-
(a) by the Chairman;
(b) in the absence of the Chairman, by the Deputy Chairman; or
(c) in the absence of the Chairman and Deputy Chairman, by a member elected by the members present from amongst themselves.
(3) Seven members of the Council including at least one members of the Council appointed under the paragraph 4(1)(r) shall form a quorum at any meeting of the Council.
[Am. by Act A1511]
(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.
5A PART II NATIONAL COUNCIL FOR CHILDREN-5A. Resolutions without meeting.
(1) Subject to subsection (2), the Council may, where necessary, pass a resolution without meeting.
(2) The following conditions shall be complied with:
(a) all members of the Council have been informed of the proposed resolution or reasonable efforts have been made to inform all members of the Council of the proposed resolution; and
(b) all members of the Council indicate agreement with the proposed resolution in accordance with the method determined by the Council.
[Ins. by Act A1511]
6 PART II NATIONAL COUNCIL FOR CHILDREN-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):-
(a) shall be chaired by a member of the Council;
(b) shall conform to and act in accordance with any direction given to it by the Council; and
(c) may determine its own procedure.
(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, resig
6A PART II NATIONAL COUNCIL FOR CHILDREN-6A. Vacation of office.
(1) The office of a member of the Council appointed under paragraph 4(1) (r) or (s) and the office of a member of a committee who is not a member of the Council shall be vacated if-
(a) he dies;
(b) there has been proved against him, or he has been convicted of, a charge in respect of-
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;
(c) he becomes of unsound mind or otherwise incapable of discharging his duties;
(d) he becomes bankrupt;
(e) in respect of a member of the Council, he absents himself from three consecutive meetings of the Council without leave of the Chairman, and i
7 PART II NATIONAL COUNCIL FOR CHILDREN-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 care and protection.
[Subs. by Act A1511]
(2) A Child Protection Team shall consist of the following members:
(a) not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the care and protection of children, to be appointed by the Minister;
(b) a medical officer; and
(c) a senior police officer
[Subs. by Act A1511]
(2A) The Minister may appoint any member referred to in paragraph (2) (a) to be the chairman of a Child Protection Team.
[Ins. by Act A1511]
7A PART II NATIONAL COUNCIL FOR CHILDREN-7A. Establishment of Child Welfare Teams.
(1) The Council shall establish throughout Malaysia groups of persons, each group to be known as a "Child Welfare Team", for the purpose of co-ordinating locally-based services to families and children if children-
(a) are or are suspected of being in need of protection and rehabilitation; or
(b) are found guilty of any offence.
(2) A Child Welfare Team shall consist of the following members:
(a) not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the protection and rehabilitation of children, to be appointed by the Minister;
(b) an Education Officer; and
(c) a senior police officer.
(3) The Minister may appoint any member referred to in paragraph (2) (a) to be the chairman of a Child Welfare Team.
(4) A Child Welfare Team shall be s
8 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-
(a) shall have the power of a Magistrate in respect of the taking of evidence at any inquiry held by him under this Act;
(b) shall furnish to the Court a copy of the notes of such evidence when called upon to do so by order of the Court; and
(c) shall not be compellable in any judicial proceedings to answer any question as to the grounds of his decision or belief-
(i) in any case dealt with by him under this Act; or
(ii) as to anything which came to his knowledge in any inquiry made by him as Protector.
(3) Every order or summons purporting to be issued by and
8A PART III APPOINTMENT OF PROTECTOR, ETC-8A. Appointment of Assistant Protector.
The Minister may, by notification in the Gazette , appoint any person to exercise the powers and perform the duties of an Assistant Protector under sections 18, 19 and 20 subject to such conditions as may be specified in the notification.
[Ins. by Act A1511]
9 PART III APPOINTMENT OF PROTECTOR, ETC-9. Appointment of Registrar General and Registrar.
(1) The Minister may appoint a Social Welfare Officer to be the Registrar General of Children for the purposes of this Act.
[Subs. by Act A1511]
(2) [Deleted by Act A1511].
(3) The Registrar General shall have the general supervision and control of-
(a) Registrars appointed under subsection (2) ; and
(b) the registration of children in need of protection under this Act.
10 PART III APPOINTMENT OF PROTECTOR, ETC-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.
11 PART III APPOINTMENT OF PROTECTOR, ETC-11. Constitution and jurisdiction of Court For Children.
(1) Courts constituted in accordance with this Act and sitting for the purpose of-
(a) hearing, determining or disposing of any charge against a child; or
(b) exercising any other jurisdiction conferred or to be conferred on Courts For Children by or under this Act or by any other written law,
shall be known as the "Courts For Children".
(2) A Court For Children shall consist of a Magistrate who, in the exercise of his functions as a Court For Children except when making an order under subsection 39(4) , 42(4) , 84(3) or 86(1) , as the case may require, shall be assisted by two advisers to be appointed by the Minister from a panel of persons resident in the State.
(3) One of the two advisers mentioned in subsection (2) shall be a woman.
(4) The functions of the advisers are-
(a) to inform and advise the Court For Children with resp
12 PART IV COURTS 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-
(a) either in a different building or room from that in which sittings of Courts other than Courts For Children are held; or
(b) on different days from those on which sittings of those other Courts are held.
(2) If a Court For Children sits in the same building as other Courts, the Court For Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court For Children with privacy.
(3) No person shall be present at any sitting of a Court For Children except:-
(a) members and officers of the Court;
(b) the children who are parties to the case before the Court, their parents, guardians, advocates and witnesses, and other persons directly concerned in that case; and
(c) such other responsible pe
13 PART IV COURTS 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.
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.
14 PART IV COURTS FOR CHILDREN-14. Court For Children may order placement, 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-
(a) the placement or detention of a child in a place of detention, place of refuge, probation hostel, approved school, Henry Gurney School, approved institution or centre;
[Subs. by Act A1511]
(b) the supervision of a child by a Social Welfare Officer, Protector or probation officer, as the case may be;
[Am. by Act A1511]
(c) any probation period; or
[Ins. by Act A1511]
(d) the period of community service order,
[Ins. by Act A1511]
which has the effect of extending the period of such placement, detention, supervision, probation or community service b
15 PART IV COURTS FOR CHILDREN-15. Restrictions on media reporting and publication.
(1) Notwithstanding any written law to the contrary, any mass media report regarding-
(a) any step taken against a child concerned or purportedly concerned in any criminal act or omission, be it during the investigation or at the pre-trial, trial or post-trial stage;
[Am. by Act A1511]
(b) any child in respect of whom custody is taken under Part V, VI and VII;
[Am. by Act A1511]
(ba) any child who is detained under Part VII;
[Ins. by Act A1511]
(c) any child in respect of whom any offence under any written law has been or is suspected to have been committed; or
[Subs. by Act A1511]
(d) any proceedings under Part VI,
shall not reveal the name, address or educational institution, or include any particulars calculat
16 PART IV COURTS FOR CHILDREN-16. Presumption as to age.
(1) If in a charge for an offence triable under this Act-
(a) it is alleged that the person who committed the offence was under or had attained any specified age; and
(b) that person appears to the Court For Children to have been at the date of the commission of the alleged offence under or to have attained the specified age, as the case may be,
he shall, for the purposes of this Act, be presumed at that date to have been under or to have attained that age, as the case may be, and any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated.
(2) If the Court For Children is in doubt as to the exact age of the person who is alleged to have committed an offence, the certificate of a medical officer to the effect that, in his opinion, the person has or has not attained a specified age may be given in evidence, and the Court For
17 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-
(a) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or a relative;
[Subs. by Act A1511]
(b) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse;
(c) the parent or guardian of the child-
(i) is unfit, or has neglected, or is unable, to exercise; or
(ii) has acted negligently in exercising,
proper supervision and control over the child;
[Ins. by Act A1511]
(d) the parent or guardian
18 Chapter 2 Temporary Custody and Medical Examination and Treatment-18. Taking a child into temporary custody.
(1) 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, Assistant Protector or police officer is satisfied that-
(a) the taking of proceedings in relation to the child is undesirable in the best interests of the child; or
(b) the proceedings are about to be taken by some other person.
(2) A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.
(3) An Assistant Protector or police officer who takes a child into temporary custody under this section shall-
(a) immediately upon such taking, notify the Protector of such taking and cause the parent or guardian of the child to be notified of such takin
19 Chapter 2 Temporary Custody and Medical Examination and Treatment-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 by a Protector 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.
[Am. by Act A1511]
(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-
(a) a place of safety or centre; or
[Am. by Act A1511]
(b) the care of a fit and proper person,
until such time as the child can be brought before a Court For Children.
(3) If a child is placed in a place of safety or centre or in the care of a fit and proper person under subsection (2)-
20 Chapter 2 Temporary Custody and Medical Examination and Treatment-20. Child in need of medical examination or treatment.
(1) [Deleted by Act A1511] .
(1A) If an Assistant Protector or a police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Assistant Protector or police officer may, instead of bringing the child before a Protector under paragraph 18(3) (b) , present the child before a medical officer.
[Ins. by Act A1511]
(2) If at the time of being taken into custody a child is a patient in a hospital, the Protector, Assistant Protector or police officer who takes the child into custody may leave the child in the hospital.
[Am. by Act A1511]
(2A) If a child who is taken into temporary custody by an Assistant Protector or a police officer-
(a) is presented before a medical officer under subsection (1A); or
(b) is a patient in
21 Chapter 2 Temporary Custody and Medical Examination and Treatment-21. Medical examination and treatment.
A medical officer before whom a child is presented under subsection 20(1), (1A) or (4)-
[Am. by Act A1511]
(a) shall conduct or cause to be conducted an examination of the child;
(b) may, in examining the child and if so authorized by a Protector or police officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the child's condition; and
(c) may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis.
22 Chapter 2 Temporary Custody and Medical Examination and Treatment-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.
23 Chapter 2 Temporary Custody and Medical Examination and Treatment-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.
24 Chapter 2 Temporary Custody and Medical Examination and 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-
(a) shall immediately notify or take reasonable steps to notify and consult the parent or guardian of the child or any person having authority to consent to such treatment; and
(b) may, with the written consent of the parent or guardian or such person, authorize such medical or surgical or psychiatric treatment as may be considered necessary by a medical officer.
(3) If a medical officer has certified in writing that there is immediate risk to the health of a child, a
25 Chapter 2 Temporary Custody and Medical Examination and 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-
(a) of the completion of such examination or treatment; or
(b) if the child is hospitalized, of his discharge from the hospital.
(2) If it is not possible to bring the child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be temporarily place in-
[Subs. by Act A1511]
(a) a place of safety or centre; or
[Am. by Act A1511]
(b) the care of a fit and proper person,
until such time as the child can be brought before a Court For Children.
(3) A child who-
<
26 Chapter 2 Temporary Custody and Medical Examination and Treatment-26. No liability incurred for giving authorization.
(1) If a child is examined or treated pursuant to section 21 or 24:-
(a) the Protector or police officer who authorizes such examination or treatment;
(b) the medical officer who examines or treats the child; and
(c) all persons acting in aid of the medical officer,
shall not incur any liability at law by reason only that a child is examined or treated pursuant to that section.
(2) Nothing contained in subsection (1) relieves a medical officer from liability in respect of the examination or treatment of a child which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the child or person having authority to consent to the examination or treatment.
27 Chapter 2 Temporary Custody and Medical Examination and Treatment-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 Social Welfare Officer.
[Subs. by Act A1511]
(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.
28 Chapter 2 Temporary Custody and Medical Examination and Treatment-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 Social Welfare Officer.
[Subs. by Act A1511]
(2) Any member of the family 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.
[Subs. by Act A1511]
(3) [Deleted by Act A1511] .
29 Chapter 2 Temporary Custody and Medical Examination and Treatment-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 Social Welfare Officer.
[Subs. by Act A1511]
(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.
29A Chapter 2 Temporary Custody and Medical Examination and Treatment-29A. Information on children in need of care and protection.
If any person, other than the persons referred to in sections 27, 28 and 29, has reason to believe that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he may give such information to a Social Welfare Officer.
[Ins. by Act A1511]
30 Chapter 2 Temporary Custody and Medical Examination and Treatment-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, after taking into consideration that it is desirable to place a child in a family based care,-
(a) order his parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the Court For Children;
(b) make an order placing the child in the custody of a fit and proper person for a period specified by the Court For Children;
(c) in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 17(1) (e) , make an order-
(i) placing the child in the care, custody and control of a foster parent found to be suitable by the Director General for a period of two years from the date the child is placed in the care, custody and c
31 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-
(a) abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or
[Am. by Act A1511]
(b) sexually abuses the child or causes or permits him to be so abused,
commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
[Am. by Act A1511]
(2) The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection-
(a) to execute a bond with sureties to be of good behavior for such period and on such conditions as
32 Chapter 3 Offences In Relation To The Health And Welfare Of Children-32. Children not to be used for begging, etc .
(1) 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-
(a) begging, receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale;
(b) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child; or
(c) carrying out any other illegal activities,
commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
[Subs. by Act A1511]
(2) The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to perform comm
33 Chapter 3 Offences In Relation To The Health And Welfare Of Children-33. Offence to leave child without reasonable supervision.
(1) 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-
(a) without making reasonable provision for the supervision and care of the child;
(b) for a period which is unreasonable having regard to all the circumstances; or
(c) under conditions which are unreasonable having regard to all the circumstances,
commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
[Subs. by Act A1511]
(2) The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to perform community service.
(3) The community service referred to in subsection (2)-
(a) shal
34 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-
(a) into the care, custody or control of any person-
(i) in pursuance of an order of a Court of competent jurisdiction; or
(ii) by any Protector, Assistant Protector or police officer acting under this Act;
[Am. by Act A1511]
(b) as an inmate of a place of safety or of an orphanage, hospital, institution or centre-
(i) maintained by the Federal Government or by any of the State Governments; or
(ii) approved by the Minister;
(c) as a boarder at an educational institution registered under any written law relating to education; and
(d) who is regularly attending an educational institution registered under any written law relating to education into the custody of a friend or relative of his parent or gua
35 Chapter 4 Notification On 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-
(a) that person; and
(b) the person in whose care the child was at the time of such taking,
shall, not later than one week thereafter, notify the Protector of such taking.
(2) On receiving any notification under subsection (1) , the Protector shall make such inquiry as he thinks fit as to-
(a) the circumstances and the reasons for the taking; and
(b) the suitability for that purpose of the person who has taken the child into his care, custody or control.
(3) If, after the inquiry referred to in subsection (2) , the Protector deems it expedient to do so in the best interests of the child, he may either-
(a) order that the child be returned to the care, custody or control of his parent or guardian or the person in who
36 Chapter 4 Notification On Taking A Child Into Care, Custody Or Control-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-
(a) he intends to return the child to the care, custody or control of the parent or guardian of the child or any other person from whom the child was taken; or
(b) without his knowledge or consent, the child has left his care, custody or control,
report in person to the Protector and shall, whenever practicable, bring or cause to be brought before the Protector the child and the parent or guardian of the child or any other person from whom the child was taken.
(2) On receiving a report under subsection (1) , the Protector shall make a note of the report and shall if-
(a) the child and the parent or guardian of the child or any other person from whom the child was taken are present at
37 Chapter 4 Notification On Taking A Child Into Care, Custody Or Control-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-
(a) placed in a place of safety; or<
38 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-
(a) is being induced to perform any sexual act, or is in any physical or social environment which may lead to the performance of such act;
(b) lives in or frequents any brothel or place of assignation; or
(c) is habitually in the company or under the control of brothel-keepers or procurers or persons employed or directly interested in the business carried on in brothels or in connection with prostitution.
(d) has been brought into or is to be sent out of Malaysia and the custody of the child has been acquired either-
(i) after having been purchased; or
(ii) by fraud, false representation or false pretence,
whether or not for the purposes of prostitution or for having sexual intercourse with another or for immoral purposes;
(e) has been procu
39 PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION Chapter 1 General-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 immediately to a place of refuge and the child shall be temporarily placed in such place of refuge.
[Am. by Act A1511]
(1A) If the person ordered under subsection (1) fails to comply within twenty-four hours with the order made under that subsection, the Protector or police officer may remove the child and temporarily place the child in a place of refuge.
[Ins. by Act A1511]
(2) Every child who is temporarily placed under subsections (1) and (1A) shall be brought before a Court For Children within twentyfour hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.
[Subs. by Act A1511]
(3) If it is not poss
39A PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION Chapter 1 General-39A. Inquiry by Protector.
(1) If a Court For Children makes an order for a child to be placed in a place of refuge under subsection 39(4), an inquiry into the circumstances of the child's case shall be made by the Protector.
(2) The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date the order is made under subsection 39(4).
[Ins. by Act A1511]
40 PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION Chapter 1 General-40. Powers of Court For Children in relation to a child in need of protection and rehabilitation.
(1) If after considering the report submitted under section 39a, the Court For Children is satisfied that any child brought before it is a child in need of protection and rehabilitation, the Court For Children, after taking into consideration that it is desirable to place a child in a family based care, may-
(a) make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as the Court For Children may determine, for a period not exceeding three years from the date of the order subject to such conditions as the Court thinks fit for the proper care and guardianship of the child;
(b) make an order placing the child for a period not exceeding three years from the date of the order in the care of a person whether a relative or not who is willing and whom the Court For Children considers to be a fit and proper person to undertake the care of such child;
(c)
41 PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION Chapter 1 General-41. Children in urgent need of protection.
(1) Any child who is in urgent need of protection may on the application of the child or his parent or guardian be received by the Protector into a place of refuge if the Protector is satisfied that the child is in urgent need of protection.
[Subs. by Act A1511]
(2) A child is in urgent need of protection if there is reasonable cause to believe that-
(a) the child is being threatened or intimidated for purposes of prostitution or for purposes of having sexual intercourse with another or for any immoral purpose;
(b) the child is to be confined or detained by another in contravention of this Part;
(c) an offence against this Part is being or likely to be committed in respect of the child; or
(d) if the child is a female, that she is pregnant out of wedlock.
(3) Subject to subsections (4) and (5), and if circumstanc
42 PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION Chapter 1 General-42. [Deleted by Act A1511] .
43 Chapter 2 Offences-43. Offences.
(1) Any person who-
(a) sells, lets for hire or otherwise disposes of, or buys or hires or otherwise obtains possession of, a child with intent that the child is to be employed or used for the purpose of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used;
(b) procures a child for purposes of prostitution or for the purposes of having sexual intercourse with any other person, either within or outside Malaysia;
(c) by or under any false pretence, false representation, or fraudulent or deceitful means made or used, either within or outside Malaysia, brings or assists in bringing into, or takes out of or assists in taking out of, Malaysia, a child with intent that the child is to be employed or used for purposes of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the chil
44 Chapter 2 Offences-44. Presumptions relating to section 43.
For the purposes of section 43, it shall be presumed until the contrary is proved that a person-
(a) who takes or causes to be taken into a brothel a child has disposed of the child with the intent or knowledge mentioned in paragraph 43(1) (a) ;
(b) who receives a child into a brothel or harbours a child in a brothel has obtained possession of the child with the intent or knowledge mentioned in paragraph 43(1) (a) ;
(c) has detained a child in any brothel or in any place against the child's will if, with intent to compel or induce him to remain in the brothel or the place, that person-
(i) withholds from the child any wearing apparel or any other property belonging to the child or any wearing apparel commonly or last used by the child;
(ii) threatens the child with legal proceedings if the child takes away any wearing apparel or any other prop
45 Chapter 2 Offences-45. Placement pending proceedings.
(1) Any Court inquiring into or trying any offence specified in the Second Schedule (in this Act referred to as "scheduled offence") may order a child-
(a) with respect to whom a scheduled offence is alleged to have been committed; and
(b) whom the Court considers to be in need of protection, to be placed temporarily in a place of refuge until the determination of the proceedings against the person charged but the placement shall not extend beyond the date on which the child attains the age of eighteen years.
(2) Notwithstanding the determination of the proceedings, the Court may, on an application made by the Protector and if the Court is satisfied that a child is in need of protection, order the placement of the child in a place of refuge but the placement shall not extend beyond the date on which the child attains the age of eighteen years.
[Subs. by Act A
46 PART VII BEYOND CONTROL-46. Children beyond control.
(1) An application in writing may be made to the Court For Children to detain a child in a probation hostel or centre-
(a) by a parent or guardian of a child, on the ground that the parent or guardian is unable to exercise proper supervision and control over the child and the child is falling into bad association; or
(b) by a Protector in the case of a child who has no parent or guardian or has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, on the ground that the child is not under proper supervision and control and the child is falling into bad association.
(2) Upon receiving the application under paragraph (1) (a) , the Court For Children shall ascertain that the parent or guardian-
(a) understands the nature and consequences of his application; and
(b) agrees to pr
47 PART VII BEYOND CONTROL-47. Supervision by probation officer.
(1) If a Court For Children makes an order under paragraph 46(5) (d) or subsection 46(6) placing a child under the supervision of a probation officer or of some other person, that officer or other person-
(a) shall, while the order remains in force, visit, advise and befriend the child; and
(b) may, if it appears necessary to do so, at any time while the order remains in force, bring the child before the Supervising Court.
(2) The Supervising Court before whom a child is brought under paragraph (1) (b) may amend the order made under section 46-
(a) if the Supervising Court is satisfied that it is in the best interests of the child to do so; and
(b) upon proof that the circumstances under which the order was made have changed after the making of the order,
and a copy of the amending order shall be give
48 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 fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
[Subs. by Act A1511]
(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
49 PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN-49. Importation of child by false pretences.
Any person who-
(a) by or under any false pretence or representation made; or
(b) by fraudulent or deceitful means used,
either within or outside Malaysia, brings or assists in bringing a child into Malaysia commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
[Subs. by Act A1511]
50 PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN-50. Examination of child and person in charge.
A Protector or any person authorized in writing by a Protector may require-
(a) a child who has entered or been brought into Malaysia; and
(b) any person who may appear to have the custody or control of such child,
to appear before him, at any reasonable time and at any convenient place, to be examined pursuant to section 113.
51 PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN-51. Protector may require security.
If a Protector has reasonable cause to believe that a child-
(a) has been brought into Malaysia either-
(i) after having been transferred for valuable consideration; or
(ii) by fraud, misrepresentation or any false pretence;
(b) has been transferred to the custody or control of any person for valuable consideration either within or outside Malaysia; or
(c) is being detained against his will by some person other than his parent or guardian,
the Protector may-
(aa) require any person in whose custody or under whose control the child appears to be-
(i) to furnish him with copies of the child's and that person's own photographs; and
(ii) to furnish security to the satisfaction of the Protector that the child-
(a) will not leave the area or th
52 PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN-52. Offence of taking or sending out a child without appropriate consent of person having lawful custody.
(1) Any parent or guardian who-
(a) does not have the lawful custody of a child; and
(b) takes or sends out a child, whether within or outside Malaysia,
without the consent of the person who has the lawful custody of the child commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2) A person has lawful custody of a child under this section if he has been conferred custody of the child by virtue of any written law or by an order of a Court, including a Syariah Court.
(3) It shall be a defence under this section if a parent or guardian takes or sends a child away without the consent of the person having lawful custody of the child if-
(a) the parent or guardian-
(i) does it in the belief that the other person c
53 PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN-53. Recovery order.
(1) If it appears to the Court that there is reason to believe that a child had been taken or sent away without the consent of the person who has lawful custody of the child as described in section 52, the Court may make a recovery order.
(2) A recovery order may be made by the Court on application being made by or on behalf of any person who has the lawful custody of the child.
(3) For the purposes of this section, a "recovery order" may-
(a) direct any person who is in a position to do so to produce the child on request to any authorized person;
(b) authorize the removal of the child by any authorized person;
(c) require any person who has information as to the child's whereabouts to disclose that information to the authorized person;
(d) authorize any police officer to enter into any premises specified in the order and search for the child, using reasona
53A PART VIIIA CENTRE-53A. Minister may approve centres.
(1) The Minister may approve any centre to be a place for the care, protection and rehabilitation of children as may be required for the purposes of this Act.
(2) The Minister shall cause centres to be inspected for the purpose of ensuring the safety and well-being of children placed in such centres.
[Ins. by Act A1511]
54 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).
55 PART IX INSTITUTIONS Chapter 1 Places Of Safety And 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 protection and rehabilitation of children.
[Subs. by Act A1511]
(2) The Minister may at any time direct the closing of any place of refuge established or appointed under subsection (1).
55A PART IX INSTITUTIONS Chapter 1 Places Of Safety And Places Of Refuge-55A. Aftercare of child released from place of refuge.
If a child is sent to a place of refuge, the Court For Children making the order shall, at the same time, make an order that after the expiration of the period of his placement he shall, for a period of one year, be under the supervision of-
(a) a Protector; or
(b) such other person as the Child Welfare Team may appoint.
[Ins. by Act A1511]
56 PART IX INSTITUTIONS Chapter 1 Places Of Safety And Places Of Refuge-56. Child who escapes or is removed from place of safety or place of refuge.
Any child who escapes or is removed from a place of safety or place of refuge without lawful authority-
(a) may be arrested without a warrant by any Protector or police officer and shall be brought back to the place of safety or place of refuge; and
(b) shall be placed-
(i) in the case of a place of safety, for such period which is equal to the unexpired residue of his stay under the order originally made by the Court For Children; and
(ii) in the case of a place of refuge, for such period which is equal to the period during which he was unlawfully at large and for the unexpired residue of his term of placement under the order originally made by the Court For Children.
[Subs. by Act A1511]
57 PART IX INSTITUTIONS Chapter 1 Places Of Safety And Places Of Refuge-57. Offence of removing or helping a child to escape from place of safety or place of refuge.
Any person who-
(a) removes a child from a place of safety or place of refuge without lawful authority;
(b) knowingly assists or induces, directly or indirectly, a child to escape from a place of safety or a place of refuge; or
(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the place of safety or place of refuge,
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
58 Chapter 2 Places Of Detention-58. Places of detention.
(1) The Minister may, by notification in the Gazette, establish or appoint such places of detention as may be required for the purposes of this Act.
(2) A child shall ordinarily be remanded in custody in a place of detention established or appointed under this Act and situated in the same State in which is situated the Court For Children by which the child is remanded.
(3) The order or judgment in pursuance of which a child is committed to custody in a place of detention shall be-
(a) delivered with the child to the person in charge of the place of detention; and
(b) an authority for his detention in the place of detention in accordance with the terms of the order or judgement.
(4) A child while being detained and while being conveyed to and from the place of detention shall be deemed to be in lawful custody.
(5) The Minister-
(a)
59 Chapter 2 Places Of Detention-59. Child who escapes or is removed from place of detention.
Any child who escapes or is removed from a place of detention without lawful authority-
(a) may be arrested without a warrant by any probation officer or police officer and be brought back to the place of detention; and
[Subs. by Act A1511]
(b) shall be detained in the place of detention for the unexpired residue of his term of detention under the order originally issued by the Court For Children.
60 Chapter 2 Places Of Detention-60. Offence of removing or helping a child to escape from place of detention.
Any person who-
(a) removes a child from a place of detention without lawful authority;
(b) knowingly assists or induces, directly or indirectly, a child to escape from a place of detention; or
(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the place of detention,
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
61 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.
62 Chapter 3 Probation Hostels-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.
62A Chapter 3 Probation Hostels-62A. Child who escapes or is removed from probation hostel.
(1) Any child who escapes or is removed from a probation hostel without lawful authority-
(a) may be arrested without a warrant by any probation officer or police officer; and
(b) be brought back to that hostel or before the Supervising Court.
(2) If the child is brought before the Supervising Court under paragraph (1) (b) -
(a) in the case of a child detained in a probation hostel under paragraph 46(5) (c) , the Supervising Court may exercise its power under subsection 47(2); and
(b) in the case of a probationer, the Supervising Court may deal with the child for the offence for which he was sent to the probation hostel in the same manner in which the Supervising Court could deal with him if it had found him guilty of that offence.
[Ins. by Act A1511]
63 Chapter 3 Probation Hostels-63. Child who escapes or is removed from probation hostel.
Any child who escapes or is removed from a probation hostel without lawful authority-
(a) may be arrested without a warrant by any probation officer or police officer; and
(b) be brought back to that hostel or before the Supervising Court,
and the Supervising Court may deal with him for the offence for which he was sent to the probation hostel in the same manner in which the Supervising Court could deal with him if it had just found him guilty of that offence.
64 Chapter 3 Probation Hostels-64. Offence of removing or helping a child to escape from probation hostel.
Any person who-
(a) removes a child from a probation hostel without lawful authority;
(b) knowingly assists or induces, directly or indirectly, a child to escape from a probation hostel; or
(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the probation hostel,
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
65 Chapter 4 Approved Schools-65. Approved schools.
(1) The Minister may, by notification in the Gazette, establish or appoint such approved schools as may be required for the education, training and detention of children to be sent there in pursuance of this Act.
(2) The Minister may classify such approved schools-
(a) according to the ages of the persons for whom they are intended; and
(b) in such other ways as he may think fit so as to ensure that a child sent to an approved school is sent to a school appropriate to his case.
66 Chapter 4 Approved Schools-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.
67 Chapter 4 Approved Schools-67. When a child can be sent to approved school.
(1) If-
(a) a child is found guilty of any offence other than grave crimes;
[Am. by Act A1511]
(b) the probation report submitted to the Court For Children shows that the child is in need of institutional rehabilitation; and
[Subs. by Act A1511]
(c) it appears to the Court For Children that although the offence committed is not serious in nature but it is expedient that the child be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation,
the Court For Children shall, after considering the probation report, send the child to an approved school.
[Subs. by Act A1511]
(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 approv
68 Chapter 4 Approved Schools-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 impriso
69 Chapter 4 Approved Schools-69. Further detention in approved school beyond period of order.
If the person for the time being in charge of an approved school is satisfied that a child-
(a) whose period of detention in the approved school is about to expire needs further care or training; and
(b) cannot be placed in suitable employment without such further care or training,
he may, if the Board of Visitors of the approved school consent, detain him for a further period not exceeding six months but any such period shall not extend beyond the date the child attains the age of eighteen years.
70 Chapter 4 Approved Schools-70. Aftercare of child released from approved school.
If a child is sent to an approved school, the Court For Children making the order shall, at the same time, make an order that after the expiration of the period of his detention he shall, for a period of one year, be under the supervision of-
(a) a probation officer; or
(b) such other person as the Child Welfare Team, may appoint.
[Subs. by Act A1511]
71 Chapter 4 Approved Schools-71. Escape from approved school, etc. or failure to return to approved school after expiry of leave, etc .
(1) Any child who-
(a) escapes from the approved school in which he is detained, or from any hospital, home or place in which he is receiving medical attention;
(b) being absent from the approved school on temporary leave of absence or with permission-
(i) runs away from the person in whose charge he is; or
(ii) fails to return to the approved school upon the expiration of his leave, or upon the revocation of such permission; or
(c) being absent from the approved school under supervision, fails to return to the approved school upon being recalled,
may be arrested without a warrant by a probation officer or police officer and be brought before the Court For Children where the child is found or the approved school is situated.
[Am. by Act A1511]
(2) If a child brought before a Court For Ch
72 Chapter 4 Approved Schools-72. Offence of removing or helping a child to escape from approved school.
Any person who-
(a) removes a child from an approved school without lawful authority;
(b) knowingly assists or induces, directly or indirectly, a child to escape from an approved school; or
(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the approved school,
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
73 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.
73A Chapter 5 Henry Gurney Schools-73A. Commissioner General of Prison's Standing Orders in respect of Henry Gurney School.
The Commissioner General of Prison may issue the Commissioner General of Prison's Standing Orders in respect of Henry Gurney School which shall be consistent with this Act or any regulations made under this Act.
[Ins. by Act A1511]
74 Chapter 5 Henry Gurney Schools-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.
75 Chapter 5 Henry Gurney Schools-75. When a child can be sent to Henry Gurney School.
(1) If-
(a) a child is found guilty of any offence punishable with imprisonment;
(b) the probation report submitted to the Court For Children shows that the child is not suitable to be rehabilitated in an approved school; and
[Subs. by Act A1511]
(c) it appears to the Court For Children-
(i) that the offence committed is serious in nature; and
(ii) by reason of the nature of the child's criminal habits and tendencies it is expedient that the child be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime,
the Court For Children shall, after considering the probation report, send the child to a Henry Gurney School.
[Subs. by Act A1511]
(2) If a Court For Children o
76 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.
77 Chapter 6 Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools-77. Power of Minister to remove person undergoing imprisonment to Henry Gurney School.
(1) The Minister may, by warrant under his hand, direct any person who-
(a) has attained the age of eighteen years but has not attained the age of twenty-one years; and
(b) is in prison under a sentence of imprisonment,
to be removed to a Henry Gurney School.
(2) If a warrant is made under subsection (1):-
(a) the unexpired residue of that person's prison sentence shall be deemed to be cancelled; and
(b) such warrant shall be an authority for the detention of that person in the Henry Gurney School under this Act until the date when his sentence, less any remission for good conduct earned while serving his sentence in prison, would, but for this section, have expired.
(3) A warrant under subsection (1) shall not be made unless the age of the person and the unexpired residue of his sentence of imprisonment perm
78 Chapter 6 Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools-78. Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School.
(1) The Minister may, by warrant under his hand, direct a child who is in prison under an order of imprisonment to be removed to an approved school or a Henry Gurney School.
(2) If a warrant is made under subsection (1):-
(a) the unexpired residue of that child's prison order shall be deemed to be cancelled; and
(b) such warrant shall be an authority for the detention of that child in the approved school or the Henry Gurney School, as the case may be, under this Act until the date when his prison order, less any remission for good conduct earned while serving his term of imprisonment, would, but for this section, have expired.
(3) The Minister may, at any time for reasons which appear to him to be sufficient, by order in writing direct the removal of any child from-
(a) an approved school to any other approved school or to a Henry Gurney School; o
79 Chapter 6 Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools-79. Power to substitute term of detention to term of imprisonment.
If it is made to appear to any Court For Children upon the application of the person in charge of any approved school or Henry Gurney School that any child detained in the approved school or Henry Gurney School under this Act-
(a) has been guilty of a serious and wilful breach of the rules of the approved school or Henry Gurney School;
(b) has been guilty of inciting other inmates of the approved school or Henry Gurney School to such a breach; or
(c) is incorrigible or exercising a bad influence on the other inmates of the approved school or Henry Gurney School,
the Court For Children may substitute for the unexpired residue of the term of detention of that child such term of imprisonment not exceeding the unexpired residue as the Court may determine.
80 Chapter 6 Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools-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.
81 Chapter 7 Miscellaneous-81. Child or placed or detained to be subject to regulations.
Every child placed or detained in any place of safety or place of refuge, place of detention, probation hostel, approved school or Henry Gurney School, or every person detained in a Henry Gurney School under this Act shall during the period of the child's or person's placement or detention, be subject to such regulations as may be prescribed.
[Subs. by Act A1511]
82 Chapter 7 Miscellaneous-82. Board of Visitors.
The Minister may appoint for each place of safety, place of refuge, approved school and Henry Gurney School a Board of Visitors to perform such duties and functions as the Minister may prescribe.
[Subs. by Act A1511]
83 PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 Charge, Bail, Etc.-83. Trials of children to be in conformity with this Act.
(1) Notwithstanding anything contained in any written law relating to the arrest, detention and trial of persons committing any offence but subject to subsections (3) and (4) , a child who is alleged to have committed an offence shall not be arrested, detained or tried except in accordance with this Act.
(2) When a child is charged with an offence before a Court For Children and during the pendency of the case he attains the age of eighteen years the Court For Children shall, notwithstanding any provisions of this Act, continue to hear the charge against the child and may-
(a) exercise the power under section 76;
(b) exercise the power under paragraph 91(1) (a) , (b) , (c) , (d) or (da) ; or
[Subs. by Act A1511]
(c) if the offence is punishable with imprisonment, impose any term of imprisonment which could be aw
83A PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 Charge, Bail, Etc.-83A. Arrest.
(1) A child who is arrested shall not be handcuffed unless-
(a) the offence with which he is arrested for is a grave crime; or
(b) the child forcibly resists the endeavour to arrest him or attempts to evade the arrest.
(2) When a child is arrested, he shall be informed of his grounds of arrest, and a police officer shall, as soon as may be, before commencing any form of questioning or recording of any statement from the child, communicate to the parent or guardian, or relative of the child and a probation officer to inform-
(a) the child's whereabouts;
(b) the grounds of the child's arrest; and
(c) the right to consult with a counsel of the child's choice.
(3) A police officer may allow the probation officer and the parent or guardian of a child to be present at the place where the child is being det
84 PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 Charge, Bail, Etc.-84. Bail.
(1) If a child is arrested with or without a warrant, the child shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Court For Children.
(2) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1) , the child shall be brought before a Magistrate who may direct that the child be remanded in a place of detention until such time as the child can be brought before the Court For Children.
(3) The Court For Children before whom a child is brought shall inquire into the case and unless-
(a) the charge is one of murder or other grave crime;
(b) it is necessary in the best interests of the child arrested to remove him from association with any undesirable person; or
(c) the Court For Children has reason to believe that the release of
85 PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 Charge, Bail, Etc.-85. Separation of child from adult in police stations, places of detention or Courts.
Appropriate arrangements shall be made-
(a) to prevent a child while-
(i) being conveyed to or from a police station or place of detention;
(ii) being detained in a police station or place of detention;
(iii) being conveyed to or from any Court; or
(iv) waiting before or after attendance in any Court,
from associating with an adult who is charged with an offence;
(b) to ensure that a child, if a girl, while being so detained or conveyed, or waiting, is under the care of a woman; and
(c) to prevent the picture of a child while-
(i) being arrested;
(ii) being conveyed to or from a police station or place of detention;
(iii) being detained in a police station or place of detention;
(iv) being conveyed to or from any Court; or
(v) waiting before or after attendance in any Cou
86 PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 Charge, Bail, Etc.-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 section 84, the Court For Children before whom the child is brought shall cause him to be detained in a place of detention provided under this Act until he can be brought before the Court having jurisdiction unless the Court For Children certifies that-
(a) it is impracticable to do so;
(b) he is of so unruly or depraved a character that he cannot be safely so detained; or
(c) by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him.
(2) Under the circumstances referred to in paragraph (1) (a) , (b) or (c) , the Court For Children shall have the power to order the child to be detained-
(a) in a police station, police cell or police lock-up, separate or apa
87 PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 Charge, Bail, Etc.-87. Submission of information by police officer after arrest.
After the arrest of a child, the police officer or other person making the arrest shall-
(a) [Deleted by Act A1511] .
(b) if the child is charged with any offence, cause to be transmitted to the probation officer a copy of the charge and other information necessary to enable the probation officer to take such action as may be necessary to prepare or obtain, as the case may be, a probation report.
88 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.
EDIORIAL COMMENTS AND ANNOTATIONS
Whether mandatory for Court for children to ensure attendance of the child's parents or guardian at the Court for children under s 88
Refer to
[Ins. by Act A1511] (e) make a probation order under section 98;
(f) order the child to be sent to an approved
92 Chapter 3 Powers Of The Court For Children At The Conclusion Of The Trial-92. [Deleted by Act A1511] .
93 Chapter 3 Powers Of The Court For Children At The Conclusion Of The Trial-93. Parent or guardian to execute bond.
(1) The Court For Children shall, in addition to exercising any of the powers provided for in subsection 91(1) , order the parent or guardian of the child to execute a bond for the child's good behaviour with or without security and with one or more of the following conditions:
(a) that the parent or guardian accompanied by the child shall report at regular intervals to be determined by the Court, at the welfare department or police station situated nearest to the parent's or guardian's place of residence;
(b) that the parent or guardian accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
(c) if the child is in an educational institution, that the parent or guardian shall consult with the child's teacher and head teacher or principal once a month for the duration of the bond;
(d) if the child is sent to
94 Chapter 3 Powers Of The Court For Children At The Conclusion Of The Trial-94. Power to order parent or guardian to pay fine, etc , instead of child.
(1) If-
(a) a child is charged before a Court For Children with any offence for the commission of which-
(i) a fine may be imposed; and
(ii) compensation or costs or both compensation and costs may be awarded; and
(b) the Court is of the opinion that the case would be best met by the imposition of all or any of those penalties, whether with or without any other punishment,
the Court shall order that the fine imposed and compensation or costs awarded be paid by the parent or guardian of the child instead of by the child, unless the Court is satisfied that the parent or guardian-
(aa) is not available or cannot be found within a reasonable time; or
(bb) has not conduced to the commission of the offence by neglecting to exercise due care of the child.
(2) If-
<95 Chapter 3 Powers Of The Court For Children At The Conclusion Of The Trial-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) 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.
[Subs. by Act A1511]
(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 unde
96 Chapter 3 Powers Of The Court For Children At The Conclusion Of The Trial-96. Restrictions on order of imprisonment.
(1) A child under the age of fourteen years shall not-
(a) be ordered to be imprisoned for any offence; or
(b) be committed to prison in default of payment of a fine, compensation or costs.
(2) A child aged fourteen years or above shall not be ordered to be imprisoned if he can be suitably dealt with in any other way whether by probation, or fine, or being sent to a place of detention or an approved school, or a Henry Gurney School, or otherwise.
(3) A child aged fourteen years or above shall not, if ordered to be imprisoned, be allowed to associate with adult prisoners.
97 Chapter 3 Powers Of The Court For Children At The Conclusion Of The Trial-97. Death.
(1) A sentence of death shall not be pronounced or recorded against a person convicted of an offence if it appears to the Court that at the time when the offence was committed he was a child.
(2) In lieu of a sentence of death, the Court shall order a person convicted of an offence to be detained in a prison during the pleasure of-
(a) the Yang di-Pertuan Agong if the offence was committed in the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan; or
(b) the Ruler or the Yang di-Pertua Negeri, if the offence was committed in the State.
(3) If the Court makes an order under subsection (2) , that person shall, notwithstanding anything in this Act-
(a) be liable to be detained in such prison and under such conditions as the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri may direct; and
(b) while so
97A Chapter 3A Community Service Order-97A. Community service order.
(1) If a Court For Children by or before which a child is found guilty of an offence, is of the opinion that it is appropriate to do so, the Court For Children may make an order requiring the child to perform community service not exceeding one hundred twenty hours in aggregate within the period not exceeding six months, at such time and place as may be specified by the Court For Children.
(2) During the period of community service order, the child-
(a) shall submit to the supervision of a Social Welfare Officer;
(b) shall perform the community service for the number of hours in aggregate imposed on him by the Court For Children within the period not exceeding six months;
(c) shall not commit any offence; and
(d) shall comply with such other requirements, as the Court For Children having regard to the circumstances of the case considers necessary including any on
97B Chapter 3A Community Service Order-97B. Failure to comply with community service order.
(1) If at any time during the period of community service order it appears to a Supervising Court that a child has failed to comply with any of the requirements of the community service order under paragraph 97A(2) (a) , (b) or (d) , the Supervising Court may issue-
(a) a summons requiring the child to appear at the place and time specified in the summons; or
(b) a warrant for his arrest.
(2) A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
(3) A summons or warrant issued under this section shall direct the child to appear or be brought before the Supervising Court.
(4) A child when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)-
(a) be detained in a place of detention; or
97C Chapter 3A Community Service Order-97C. Commission of further offence.
(1) If it appears to a Supervising Court that-
(a) a child has been found guilty by a Court of an offence committed during the period of the community service order; and
(b) the child has been dealt with in respect of that offence,
the Supervising Court may issue-
(aa) a summons requiring the child to appear at the place and time specified in the summons; or
(bb) a warrant for his arrest.
(2) A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
(3) A summons or warrant issued under this section shall direct the child to appear or to be brought before the Supervising Court.
(4) If it is proved to the satisfaction of the Supervising Court that a child in whose case the order was made has been found guilty and dealt with in resp
97D Chapter 3A Community Service Order-97D. Effects of community service order.
(1) The finding of guilt for an offence for which an order is made under this Chapter requiring the child to perform community service shall be deemed not to be a conviction for any purpose other than for the purposes of-
(a) the proceedings in which the order is made; and
(b) any subsequent proceedings which may be taken against a child under this Chapter.
(2) Subsection (1) shall not affect-
(a) the right of any such child-
(i) to appeal against a finding of guilt; or
(ii) to rely on a finding of guilt in bar of any subsequent proceedings for the same offence; or
(b) the revesting or restoration of any property in consequence of the finding of guilt of any such child.
[Ins. by Act A1511]
97E Chapter 3A Community Service Order-97E. Amendment of community service order.
(1) If the Supervising Court is satisfied that a child proposes to change or has changed his residence from the district or area named in the community service 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 community service order by substituting for the district or area named therein the district or area where the child proposes to reside or is residing.
(2) If the community service order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the child continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection (4).
(3) If a community service order is amended under subsection (1), the Supervising Court shall send to the Court For Children for the new district or area named in the order a copy of the order
97F Chapter 3A Community Service Order-97F. Court to give copies of amending community service order to probation officer.
On the making of an order amending a community service order under section 97E-
(a) the Court shall immediately give sufficient copies of the amending order to the probation officer; and
(b) the probation officer shall give a copy of the amending order to-
(i) the child; and
(ii) the Social Welfare Officer.
[Ins. by Act A1511]
98 Chapter 4 Probation-98. When probation may be ordered.
(1) If a Court For Children by or before which a child is found guilty of an offence other than-
(a) any grave crime;
(b) voluntarily causing grievous hurt, rape, incest or outraging modesty; or
(c) an offence under section 377B, 377C, 377D or 377E of the Penal Code,
is of opinion that having regard to the circumstances, including the nature of the offence and the character of the child, it is appropriate to do so, the Court For Children may make a probation order.
(2) Before making the probation order under subsection (1) , the Court For Children shall explain to the child in simple language suitable to his age, maturity and understanding-
(a) the effect of the order; and
(b) that if he-
<(i) fails to comply with the probation order; or
(ii) commits another offence,
99 Chapter 4 Probation-99. Failure to comply with probation order.
(1) If at any time during the probation period it appears to a Supervising Court that a probationer has failed to comply with any of the requirements of the probation order under paragraph 98(4) (a) or (c) , the Supervising Court may issue-
(a) a summons requiring the probationer to appear at the place and time specified in the summons; or
(b) a warrant for his arrest.
(2) A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by the probation officer.
(3) A summons or warrant issued under this section shall direct the probationer to appear or be brought before the Supervising Court.
(4) A probationer when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3):-
(a) be detained in a place of detention; or
100 Chapter 4 Probation-100. Commission of further offence.
(1) If it appears to the Supervising Court that-
(a) a probationer has been found guilty by a Court of an offence committed during the probation period; and
(b) the probationer has been dealt with in respect of that offence,
the Supervising Court may issue-
(aa) a summons requiring the probationer to appear at the place and time specified in the summons; or
(bb) a warrant for his arrest.
(2) A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by the probation officer.
(3) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the Supervising Court.
(4) If it is proved to the satisfaction of the Supervising Court that a probationer in whose case the order was made has been found guilty and dealt
101 Chapter 4 Probation-101. Effects of probation.
(1) The finding of guilt for an offence for which an order is made under this Chapter placing the offender on probation shall be deemed not to be a conviction for any purpose other than for the purposes of-
(a) the proceedings in which the order is made; and
(b) any subsequent proceedings which may be taken against a child under this Chapter.
(2) Subsection (1) shall not affect-
(a) the right of any such child-
(i) to appeal against a finding of guilt; or
(ii) to rely on a finding of guilt in bar of any subsequent proceedings for the same offence; or
(b) the revesting or restoration of any property in consequence of the finding of guilt of any such child.
102 Chapter 4 Probation-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 wit
103 Chapter 4 Probation-103. Discharge of probation order.
(1) The Court For Children by which a probation order was made or the Supervising Court may, on an application made by the probation officer, the parent or guardian of the probationer or the probationer, discharge the probation order.
(2) The Court For Children shall not deal with an application under subsection (1) without summoning the probationer unless the application is made by the probation officer.
(3) If-
(a) the Court discharges a probation order under subsection (1) ; or
(b) a probationer is dealt with under section 99 or 100 for the offence for which he was placed on probation,
the probation order shall cease to have effect.
104 Chapter 4 Probation-104. Court to give copies of amending or discharging order to probation officer.
On the making of an order amending or discharging a probation order under section 102 or 103 respectively-
(a) the Court shall forthwith give sufficient copies of the amending or discharging order to the probation officer; and
(b) the probation officer shall give a copy of the amending or discharging order to-
(i) the probationer; and
(ii) the person in charge of the probation hostel or place in which the probationer is or was required by the order to reside.
105 PART XI IN THE CARE OF FIT AND PROPER PERSON-105. Child placed in the care of fit and proper person.
(1) This section shall apply in relation to an order made under this Act placing a child in the care of a fit and proper person.
(2) An order placing a child in the care of a fit and proper person may be varied or revoked by the Court For Children or the Supervising Court on an application made by-
(a) the parent or guardian of the child;
(b) the Protector; or
(c) the probation officer,
as the case may be.
(3) If-
(a) on an application made by the parent or guardian or any near relative of a child ordered to be placed in the care of a fit and proper person under subsection (1) ; and
(b) the Court For Children or the Supervising Court having power to vary or revoke the order is satisfied that the child is not being brought up in accordance with his religion as decided by his parent or guardian,
106 PART XI IN 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 or is removed from the care of a fit and proper person without lawful authority may-
(a) be arrested without a warrant by a Protector, probation officer or police officer; and
(b) be brought before the Court For Children by which the order was made or before the Supervising Court.
[Subs. by Act A1511]
(2) The Court For Children or the Supervising Court before which a child is brought under subsection (1) shall immediately inquire into the case and after taking into account the recommendation of the Protector or probation officer, as the case may be-
(a) order the child to be brought back to that person, if he is willing to receive the child; or
(b) make an order which the Court could have made if the child had been brought before the Court as being a child having no parent or guardian
107 PART XI IN THE CARE OF FIT AND PROPER PERSON-107. Offence of removing or helping a child to escape from the care of fit and proper person.
(1) Any person who-
(a) removes a child from the care of a fit and proper person without lawful authority;
(b) knowingly assists or induces, directly or indirectly, a child to escape from the person in whose care he has been placed; or
(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the care of such person,
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
108 PART XII CONTRIBUTION ORDERS-108. Contribution by parent or guardian or other person.
(1) If an order is made-
(a) placing a child in the care of a fit and proper person;
(b) sending a child to a probation hostel, an approved school, a Henry Gurney School, or an approved institution or centre; or
(c) placing a child in a place of refuge,
the Court For Children making the order may, at the same time or subsequently, make a contribution order requiring the parent or guardian or other person having custody of the child-
(aa) at the time of the commission of the offence resulting in the order
(bb) prior to an order made under subsection (1) ; or
(cc) immediately before the commencement of any proceedings,
to make such contribution or monthly contributions in such manner as the Court thinks fit, having regard to the means of the parent or guardian or the other person.
109 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-109. Power of investigation.
(1) A Protector or police officer may investigate the commission of any offence under this Act.
(2) A Protector when acting under this Part shall, on demand, declare his office to the person against whom he is acting or from whom he seeks any information.
(3) Every person required by a Protector or police officer to give information or produce any document or other things relating to the commission of any offence which is in that person's power to give shall be legally bound to give the information or produce the document or other things.
110 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-110. Power to arrest without warrant.
(1) Any police officer may arrest without a warrant any person whom he reasonably believes-
(a) has committed or attempted to commit; or
(b) employed or aided any other person to commit or abet the commission of,
an offence against this Act, and may search any person so arrested.
(2) Any person arrested under subsection (1) shall, after the arrest, be dealt with as provided for by the Criminal Procedure Code.
111 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-111. Search by warrant.
(1) If it appears to a Magistrate upon written information on oath that there is reasonable cause to believe that in any premises there is any evidence of-
(a) a child who is in need of protection;
(b) a child who is being concealed, confined or detained in contravention of this Act; or
(c) the commission of an offence against this Act,
the Magistrate may issue a search warrant authorizing a Protector or police officer to whom it is directed, at any reasonable time by day or night and with or without assistance, to-
(aa) enter and search the premises;
(bb) inspect, make copies of, or take extracts from, any book, record or document;
(cc) search any person who is in or on the premises, and for the purposes of that search detain the person and remove him to any place as may be necessary to facilitate the se
112 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-112. Search without warrant.
If a Protector or police officer has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 111-
(a) the investigation would be adversely affected; or
(b) the object of the entry is likely to be frustrated,
he may exercise in, and in respect of, the premises all the powers referred to in that section in as full and ample a manner as if he was authorized to do so by a warrant issued under that section.
113 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-113. Power to examine person.
(1) A Protector or police officer investigating an offence under this Act may order any person-
(a) acquainted with the facts and circumstances of an offence to attend before him to be examined orally in relation to any matter which may assist in the investigation into the offence; or
(b) to produce any child or any book, article or document which may assist in the investigation into the offence.
(2) A person to whom an order has been given under paragraph (1) (a) :-
(a) shall attend in accordance with the terms of the order to be examined; and
(b) during such examination-
(i) shall disclose all information which is within his knowledge or which is available to him in respect of the matter in relation to which he is being examined;
(ii) shall answer any question put to him truthfully and to the best of
114 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-114. Inspection.
If an order is made placing a child in the care of a fit and proper person or requiring the parent or guardian of the child to exercise proper care and guardianship over him, the Protector or probation officer or any Social Welfare Officer authorized in writing by the Protector or probation officer may, so long as the order is in effect-
(a) at any time visit and inspect the place where such child in respect of whom the order is made lives or is believed to live or to be; and
(b) inquire into the conditions and circumstances of the child, and for the purposes of such inquiry, may require any person to answer any question as he may think proper to ask and such person shall be legally bound to answer such question truthfully to the best of his knowledge or belief.
115 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-115. Obstruction.
Any person who-
(a) refuses the Protector or Social Welfare Officer access to any premises, or fails to submit to a search by a person authorized to search him under this Act;
(b) assaults, obstructs, hinders, delays or attempts to assault, obstruct, hinder or delay the Protector, Assistant Protector or Social Welfare Officer in the execution of his duty under this Act;
[Subs. by Act A1511]
(c) fails to comply with any lawful demand, order or requirement of a Protector, Assistant Protector or Social Welfare Officer in the execution of his duty under this Act;
[Subs. by Act A1511]
(d)
omits, refuses or neglects to give to a Protector or Social Welfare Officer any information which may be reasonably required of him and which he is empowered to give;(e) fails to produce to, or conceals or a
116 PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.-116. Protection of informers.
(1) Any person who gives any information that a child is in need of protection shall not incur any liability for defamation or otherwise in respect of the giving of such information.
(2) The giving of any information that a child is in need of protection shall not, in any proceedings before any Court or in any other respect, be held to constitute-
(a) a breach of professional etiquette or ethics; or
(b) a departure from accepted standards of professional conduct.
(3) Except as provided in subsections (4) and (6) , a witness in any civil or criminal proceedings shall not be obliged or permitted to disclose the name and address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.
(4) If any book, record or document which is in evidence or liable to inspection in any civil or criminal proceedings co
117 PART XIV MISCELLANEOUS-117. Power of Court For Children conferred on High Court.
Nothing in this Act other than sections 96 and 97 shall affect the powers of the High Court and all the powers which may be exercised under this Act by a Court For Children in respect of a child may in like manner be exercised by the High Court.
118 PART XIV MISCELLANEOUS-118. [Deleted by Act A1511] .
119 PART XIV MISCELLANEOUS-119. Contents of Register.
The Register shall contain-
(a) details of every case or suspected case of a child in need of protection; and
(aa) details of persons convicted of any offence in which a child is a victim; and
[Ins. by Act A1511]
(b) such other matters in relation to such case or suspected case as the Director General may from time to time determine.
120 PART XIV MISCELLANEOUS-120. Access to Register.
(1) Details contained in the Register shall be furnished to-
(a) any Court when there is before the Court any proceedings concerning a child in need of protection;
(b) any Court when so requested by the Court; and
(c) the Director General, a Protector, any police officer or any member of a Child Protection Team or Child Welfare Team when any of them requires such details for the purposes of any proceedings under this Act or for the purposes of taking action in respect of, or providing assistance to, a child in need of protection.
[Subs. by Act A1511]
(2) Details contained in the Register may be furnished to-
(a) persons engaged in bona fide research whose access to the Register is authorized by the Director General for that purpose; or
(b) persons or classes of persons authorized by the Dire
121 PART XIV MISCELLANEOUS-121. Offence in respect of Register.
Any person who furnishes to any other person any details contained in the Register other than pursuant to section 120 commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
122 PART XIV MISCELLANEOUS-122. Certificate of Registrar to be evidence.
A certificate purporting to be under the hand of the Registrar as to any entry in the Register, or as to any matter or thing which he is authorized by this Act or any regulation made under this Act to do or to make shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of the certificate.
123 PART XIV MISCELLANEOUS-123. Protection against suit and legal proceedings.
An action shall not lie and prosecution shall not be brought, instituted or maintained in any Court against the Government, Minister, Director General, Protector, Assistant Protector, prison officer, Social Welfare Officer, probation officer, police officer or medical officer for anything done or omitted to be done under this Act-
[Subs. by Act A1511]
(a) in good faith;
(b) in the reasonable belief that it was necessary for the purpose intended to be served thereby; or
(c) for carrying into effect the provisions of this Act.
124 PART XIV MISCELLANEOUS-124. Public servant.
All officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of the Penal Code.
125 PART XIV MISCELLANEOUS-125. General penalty.
If no penalty is expressly provided for an offence under this Act, a person who commits such offence shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding tthree years or to both.
[Subs. by Act A1511]
126 PART XIV MISCELLANEOUS-126. Institution and conduct of prosecution.
(1) A prosecution in respect of an offence under this Act shall not be instituted except by or with the consent in writing of the Public Prosecutor.
(2) Notwithstanding that he has been authorized under the Criminal Procedure Code to prosecute, a person who is the investigating officer of an offence under this Act shall not prosecute the case in respect of that offence.
127 PART XIV MISCELLANEOUS-127. Service of document.
(1) Service of document on any person shall be effected by-
(a) delivering the document to that person or by delivering the document at the last known place of residence of that person to an adult member of his family;
(b) leaving the document at the usual or last known place of residence or business of that person in a cover addressed to that person; or
(c) forwarding the document by registered post in a prepaid letter addressed to that person at his usual or last known place of residence or business.
(2) If a document is served by prepaid registered post it shall be deemed to have been served on the day succeeding the day on which the document would have been received in the ordinary course of post.
128 PART XIV MISCELLANEOUS-128. Power to make regulations.
(1) The Minister may make such regulations as appears to him to be necessary or expedient for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes:
(a) to prescribe the conduct, management, discipline and control of approved schools, Henry Gurney Schools, probation hostels, places of detention or centres;
[Am. by Act A1511]
(b) to provide for the maintenance, discipline, treatment and education, vocational or otherwise, of the children or other persons detained in approved schools or Henry Gurney Schools including-
(i) the powers, duties and functions of the Board of Visitors;
(ii) the grant of leave of absence to children and other persons detained;
(iii) visits to, and inspections of, t
129 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-129. Interpretation.
In this Part-
"repealed Acts" means the Juvenile Courts Act 1947 [Act 90] , the Women and Girls Protection Act 1973 [Act 106] and the Child Protection Act 1991 [Act 468] repealed under this Act;
"Juvenile Court" means the Juvenile Court established under the Juvenile Courts Act 1947;
"appointed date" means the date on which this Act comes into operation. 130 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-130. Repeal.
The Juvenile Courts Act 1947, the Women and Girls Protection Act 1973 and the Child Protection Act 1991 are repealed.
131 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-131. References to Juvenile Court, etc .
(1) All references to the Juvenile Court in any written law, or in any judgment, sentence, order, ruling or decision made under the repealed Acts and subsisting immediately before the appointed date shall, on the appointed date, be construed as references to the Court For Children established under this Act.
(2) The judgment, sentence, order, ruling or decision of the Juvenile Court, Supervising Court, High Court, Sessions Court or Magistrate's Court under the repealed Acts shall on the appointed date be deemed to have been made under this Act and continue to be in force and have effect.
(3) Any inquiry, trial or proceedings done, taken or commenced in or before the Courts referred to in subsection (2) before the appointed date in so far as it relates to a person under the age of eighteen years shall be deemed to have been done, taken or commenced in or before the Court For Children, Supervising Court, High Court, Sessions Court or Magi
132 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-132. Continuance of Council, etc .
(1) The Co-ordinating Council for the Protection of Children, Juvenile Welfare Committees, Boards of Visitors and committees established, and officers and persons appointed, under the repealed Acts shall, on the appointed date, be deemed to have been established or appointed under this Act and shall have the powers, rights, privileges, liabilities, duties and obligations conferred on the Council, Child Protection Teams, Child Welfare Committees, Boards of Visitors and committees established under this Act.
(2) The members of the Council, Teams, Committees, Boards and committees established under the repealed Acts and any officers and persons appointed under the repealed Acts holding office on the day preceding the appointed date shall continue to hold office under this Act until their terms of appointment expire or they resign or their appointments are revoked in accordance with this Act and shall have the same powers, rights, privileges, liabi
133 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-133. Continuance of rules, etc .
All rules, regulations, orders, notices, forms, directions and authorization letters made, issued or given under the repealed Acts shall, in so far as they are consistent with this Act, continue in force until revoked or replaced by this Act.
134 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-134. Institutions established or appointed.
All approved schools, Henry Gurney Schools, places of detention, probation hostels, places of safety, places of refuge and other institutions or centres established or appointed under the repealed Acts shall on the appointed date be deemed to have been established or appointed under this Act.
135 PART XV SAVINGS AND TRANSITIONAL PROVISIONS-135. Prevention of anomalies.
(1) The Minister may, whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties or preventing anomalies in consequence of the enactment of this Act, by order published in the Gazette make such modifications to any provision in this Act as he thinks fit but the Minister shall not exercise the powers conferred by this section after the expiration of two years from the appointed date.
(2) In this section, "modifications" includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Act.
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