Child Act 2001 | |
---|---|
Parliament of Malaysia | |
| |
Citation | Act 611 |
Territorial extent | Throughout Malaysia |
Passed by | Dewan Rakyat |
Passed | 17 October 2000 |
Passed by | Dewan Negara |
Passed | 18 December 2000 |
Royal assent | 15 February 2001 |
Commenced | 1 March 2001 |
Effective | 1 August 2002, P.U. (B) 229/2002 |
Legislative history | |
First chamber: Dewan Rakyat | |
Bill title | Child Bill 2000 |
Bill citation | D.R. 27/2000 |
Introduced by | Siti Zaharah Sulaiman, Minister of National Unity and Community Development |
First reading | 17 July 2000 |
Second reading | 16 October 2000 |
Third reading | 17 October 2000 |
Second chamber: Dewan Negara | |
Bill title | Child Bill 2000 |
Bill citation | D.R. 27/2000 |
Member(s) in charge | S. Veerasingam, Parliamentary Secretary to the Minister of National Unity and Community Development |
First reading | 6 December 2000 |
Second reading | 18 December 2000 |
Third reading | 18 December 2000 |
Amended by | |
Child (Modification) Order 2003 [P.U. (A) 7/2003] | |
Related legislation | |
United Nations Convention on the Rights of the Child Juvenile Courts Act 1947 [Act 90] Women and Girls Protection Act 1973 [Act 106] Child Protection Act 1991 [Act 468] | |
Keywords | |
Child protection, child development | |
Status: In force |
The Child Act 2001 (Malay : Akta Kanak-Kanak 2001) is a Malaysian law which served to consolidate the Juvenile Courts Act 1947 [Act 90], the Women and Girls Protection Act 1973 [Act 106], and the Child Protection Act 1991 [Act 468]. [1] It was enacted partially in order to fulfil Malaysia's obligations under the United Nations Convention on the Rights of the Child. However, it retains the option of corporal punishment for child offenders. [2] In December 2004, members of the legal community suggested that the law needed review, despite its newness, in order to clarify its criminal procedures. [3] One example of the Act's unclarity was brought to light in a 2007 case involving a 13-year-old convicted of murder. Under Section 97(1) of the Act, capital punishment may not be applied to children; Sections 97(2), 97(3), and 97(4) make provisions for alternative punishments for offences which would result in the death penalty if committed by adults, namely detention at the pleasure of the Yang di-Pertuan Agong. However, Section 97(2) was overturned by the Court of Appeal in July 2007 on the grounds that it violated the Constitution of Malaysia's doctrine of separation of powers, leading to the situation that no punishment at all could be rendered. [2]
The Act was meant to give further protection to child offenders. [4] There are, however, a number of shortcomings missing from the Act. Besides the uncertainty of detention period under Section 97, another omission is the maximum length of the remand order. For an adult offender, Section 117 of the Criminal Procedure Code provides for a maximum of 14 days remand. Section 84(2) of the Child Act simply allows the court to make a remand order without prescribing the maximum length of remand. This problem was subsequently remedied in a 2003 case which held that the Criminal Procedure Code would govern the remand period of a child.
With regard to the trial procedure, an adult accused has the option to give a sworn evidence, unsworn evidence, or remain silent. The Child Act does not provide for any right to remain silent. Section 90(9) merely allows the child to give sworn or unsworn evidence.
The Act has provided extra protection for a child offender especially with regards to the privacy of the child. The trial for the Court for Children shall be in closed court (in camera). Only certain specified persons are allowed to attend the trial. There now a legal duty for the parents of the child to attend the trial.
It also contains provisions to protect the child from associating with adult offenders in prison or elsewhere.
Preamble of the Act provides the following recognitions and acknowledgements:
The Child Act 2001, in its current form (1 January 2006), consists of 15 Parts containing 135 sections and 2 schedules (including 1 amendment).
[Paragraphs 15(1)(c) and 17(1)(i)]
Offences under sections 299 to 301, 304 to 304A, 305 to 309A, 312 to 319, 321 to 322, 324, 326 to 340, 345 to 351, 353 to 358, 360 to 362, 364 to
373A, 374 to 375, 377, 377A, 377C to 377E of the Penal Code.
[Section 45]
1. Offences punishable under Part VI of this Act.
2. Offences—
(a) punishable under sections 309, 312 to 313, 354, 370 to 373, 373A, 376 to 377 of the Penal Code; or
(b) involving any acts or matters defined in sections 321 to 322, 339 to 340, 350 to 351, 360 to 362 of the Penal Code.
Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.
The Juvenile Delinquents Act, SC 1908, c 40 was a law passed by the Parliament of Canada to improve its handling of juvenile crime. The act established procedures for the handling of juvenile offenses, including the government assuming control of juvenile offenders. It was revised in 1929 and superseded in 1984 by the Young Offenders Act.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore. Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.
A discharge is a type of sentence imposed by a court whereby no punishment is imposed.
The Pakistan Penal Code, abbreviated as PPC, is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on behalf of the Government of British India as the Indian Penal Code. After the creation of Pakistan in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Parliament of Pakistan.
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature and historically derives largely from the Indian penal code. The general principles of criminal law, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating, are set out in the Singaporean Penal Code. Other serious offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
The Criminal Law Act 1977 is an act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.
Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults.
The youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
The youth justice system in New Zealand consists of organisations and processes that deal with offending by children aged 10–13 years and young people aged 14–16 years. These differ from general criminal processes, and are governed by different principles.
This page is about the penalties juveniles are subject to if found guilty of trafficking Cannabis. Most juveniles suffer the same, or very similar, penalties as adults. However this varies between countries, cultures and according to where the nation's minimum age of criminal responsibility lies. Information and laws regarding minors are difficult to find as they are usually classified or protected. This is due to laws preventing crimes committed, under the minimum age of criminal responsibility, being kept on a criminal record.
Caning is used as a form of judicial corporal punishment in Brunei. This practice is heavily influenced by Brunei's history as a British protectorate from 1888 to 1984. Similar forms of corporal punishment are also used in two of Brunei's neighbouring countries, Singapore and Malaysia, which are themselves former British colonies.
The Ghanaian juvenile justice system encompasses the processes to handle minors who are in conflict with the law or who are in need of care and protection. The formal Ghanaian juvenile justice system was created under colonial rule and has evolved greatly since the early 1900s. Three stark changes for the system are throughout the colonial period, the beginnings of independence and the 1960 Criminal Procedure Code, and the newest Juvenile Justice Act.