Global InformationChild Act 2001 information
| Child Act 2001 | |
|---|---|
 | |
| Parliament of Malaysia | |
Long title
| |
| 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.
- ^ "Malaysia Child Act 2001". UNICEF. Retrieved 25 September 2007.
- ^ a b Hussein, Ranita (5 August 2007). "Comment: Crime, punishment and the child offender". New Sunday Times. Kuala Lumpur. Retrieved 25 September 2007. [dead link]
- ^ Theophilus, Claudia (7 December 2004). "Bar Council: Child Act needs urgent review". Malaysiakini. Archived from the original on 11 December 2004. Retrieved 25 September 2007. Alt URL
- ^ Singh Sidhu, Baljit (May 2003). "An Overview of the Child Act 2001 and the Criminal Procedure Aspects". The Malayan Law Journal. 2.