2. • The Court for Children established to repeal the
Juvenile Court. This court was established in order
to give protection and welfare for children. Every
child is entitled to protection and assistance in all
circumstances without regard to distinction of any
kind, such as race, colour, sex, language, religion,
social origin or physical, mental or emotional
disabilities or any status. Furthermore, clarification
of the Child Act 2001 emphasize that the procedure
of the sentencing should not affect children good
names or damage their reputation in the society.

3. DEFINITION OF CHILD
• Section 2 of the Act:
‘child’
a) means a person under age of 18 years, and
b) In relation to criminal proceedings, means a
person who has attained the age of criminal
responsibility as prescribed in S 82 of the
Penal Code (10 years old).

4. • child offenders are given some protection by
way of persons who may be present in the
Court for Children as well as restrictions on
media reporting of any proceedings in the
Court for Children.
• Section 12 :Place of sitting and persons who
may be present in Court For Children and
• Section 15 :Restrictions on media reporting
and publication.

5. • Section 12 :Place of sitting and persons who may be present
in Court For Children
- if practicable, sit:
 Either in different building or room from other courts.
 On different days
 If sits in the same building as other courts, shall have a
different entrance and exit (to ensure privacy)
 No person shall be present except:
- members and officers of the court
- the children, parents, guardian, advocates and witness
- others responsible persons determined by the court.

6. • Section 15 : restriction on media reporting
and publication .
media report shall not reveal the name,
address or educational institution.
Picture shall not be published in any
newspaper or magazine or transmitted
through any electronic medium.

7. • Section 11 (5) : A Court For Children shall have
jurisdiction to try all offences except offences
punishable with death. (High Court has this
jurisdiction)
• Section 97 (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.

8. • Section 97 (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 the YDPA or the Ruler/Yang di
Pertua Negeri.

9. SENTENCING
S 91 – powers of CFC on proof of offence, among others:
(a) admonish and discharge the child
(b) discharge the child upon his executing a bond to be of good behaviour .
(c) order the child to be placed in the care of a relative or other fit and proper
person
(d) order the child to pay a fine, compensation or costs
(e) make a probation order under section 98
(f) order the child to be sent to an approved school or a Henry Gurney School
(g) order the child, if a male, to be whipped with not more than ten strokes of
a light cane
(i) within the Court premises and
(ii) in the presence, if he desires to be present, of the parent or guardian
of the child
(h) impose on the child, if he is aged 14 years and above, impose any term of
imprisonment which could be awarded by a Sessions Court (above 10
years-life sentence) subject to 96 (2)

10. • Section 96 (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.
• if ordered to be imprisoned, shall not be
allowed to associate with adult prisoners.

11. • As prescribed in section 82 of the Penal Code
“nothing is an offence, which is done by a child
under 10 years of age”
• in section 83 “Nothing is offence which is
done by a child above ten and under twelve,
who has not attained sufficient maturity of
understanding to judge of the nature and
consequence of his conduct on that occasion”

12. • Section 113 of the Evidence Act 1950 protects
the child offender pertaining to the crime of
rape. “It shall be an irrebuttable presumption
of law that boy under the age of thirteen years
is incapable of committing rape”