COURTS FOR CHILDREN
ACT: CHILD ACT 2001 (amended 2016)
Established under: Child Act 2001 (Act 611)
S.11(1) of Child Act: Hear, determine, or dispose any charge against a child;
or
S.11(2) of Child Act: Exercise any other jurisdiction conferred by this Act or
any other written law.
WHO IS A CHILD?
S.2(a) CA 2001: A person under the age of 18
S.2(b) CA 2001: In relation to criminal proceedings, a person has attained the age of
criminal responsibility under S.82 Penal Code, i.e. 10 years old+
[Bawah umur 10 tahun, kanak-kanak tidak boleh ditubuh di
mahkamah bawah kesalahan jenayah].
COMPOSITION
S.11(2) of CA 2001: CFC comprises of a First Class Magistrate and assisted by two (2)
advisers to be appointed by the Ministers from a panel of persons resident in the
state. One (1) of the two advisers shall be a woman – due to maternal instinct.
FUNCTIONS:
S.4 of CA 2001: The functions of advisors are to:
(a) to inform and advise the court on any consideration affecting the
order upon a guilty verdict.
(b) advice the parents or guardian of the child, if necessary.
JURISDICTION
S.11(5) of CA 2001: A CFC shall have jurisdiction to try all offences excepts offences
punishable with death.
[Kalau kanak-kanak ditubuh dengan hukuman bunuh, kes akan
dihantar ke HC. It is out of their jurisdiction].
S.11(6) of CA 2001: The Criminal Procedure Code (CPC) shall apply to the court as if
the Court of Children were Magistrates Courts.
PLACE OF SITTING
S.12(1) of CA 2001: A Court of Children shall, if practicable, sit –
(a) either in a different building or room that in which sitting of
other courts are held;
(b) on different days than those of other courts.
S.12(2) of CA 2001: If CFC is paced in the same building with other courts, the CFC
shall have a different entrance and exit to enable the children to be brought in and
out the court with privacy.
WHO MAY BE PRESENT?
S.12(3)(a) of CA 2001: Members and officers of the Courts
S.12(3)(b) of CA 2001: The children who are parties to the case, their parents,
guardians, advocates and witnesses, and other persons directly concerned in that
case; and such other responsible persons as may be determined by the Court.
CRIMINAL PROCEEDING IN THE CFC: PROCEDURE
S.83 S.84 S.85 S.86 S.87 S.88 S.90 S.91 S.92-S.94 S.96-S.108
S.83:
(1) A child is alleged to committed an offence must be arrested, detained or
tried in accordance with the CA 2001;
Detention of a child for the purpose of investigation of offences
shall be under S.117 CPC.
(2) When a child is charged with an offence before a FCF and during the
pendency of the case, he attains the age of 18, the CFC shall continue to
hear the case;
(3) When an offence is committed by a child when he was below 18 but the
charge is made after he has attained the age of 18, then the charge shall be
heard in other Courts;
(4) A charge jointly made against a child and a person who has attained the
age of 18 shall be heard by other Courts.
S.83A. (1)
S.84
(1) If a child is arrested with or without a warrant, the child shall be brought
before a CFC within 24 hours exclusive of the time necessary for the journey
from the place of arrest to the CFC;
(2) If it is not possible to do that, 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 CFC –
(3) When a child is brought before a CFC, the CFC shall release the child on a
bond, with or without sureties – EXCEPTIONS:
(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 CFC has reason to believe that the release of the child would
defeat the ends of justice.
S.85:
S.86:
S.87(b):
S.88:
S.90:
S.91:
(a)-(f): Power of CFC on proof of offence
(da): Make a community order
(g): Whipping of male children, not more than 10 strokes. (deleted to
amendment)
(h): Age 14+, can be awarded by a Sessions Court – but subject to S.96(2).
S.91(2): Cannot use the words “convictions” or “sentence” in relations to a child
offender found guilty.
S.96(2): Child over 14 shall not be imprisoned if he can be better dealt with in
another way e.g., sending him to Henry Gurney School.
S.96(3): If imprisoned, shall not mix with adults.
S.97(1): Death sentenced cannot be pronounced if the offence was committed when
he was a child;
S.97(2): In lieu of death sentence, child detained in prison at the pleasure of:
(a): the YDPA if the offence was committed in the Federal Territory or the
Federal Territory of Labuan;
(b): the Ruler or the Yang Di-Pertua Negeri, if the offence was committed in
the State.
S.97A
