What are the jurisdictions of the Court for Children? What are the restrictions on media reporting regarding a child involved in the court proceedings?
Powers or Orders
A Court for Children has the jurisdiction to try all offences except offences punishable with death.
A Court for Children has the power to:
- admonish and discharge the child;
- discharge the child upon his executing a bond to be of good behaviour and to comply with such conditions as may be imposed by the Court;
- order the child to be placed in the care of a relative or other fit and proper person -
- for such period to be specified by the Court;
- with such conditions as may be imposed by the Court;
- order the child to pay a fine, compensation or costs;
- make a probation order under Section 98 of the Child Act 2001 [Act 611];
- order the child to be sent to an approved school or a Henry Gurney School;
- order the child, if a male, to be whipped with not more than ten strokes of a light cane -
- within the Court premises; and
- in the presence, if he desires to be present, of the parent or guardian of the child;
- impose on the child, if he is aged fourteen (14) years and above and the offence is punishable with imprisonment, any term of imprisonment which could be awarded by a Sessions Court.
||If a child aged fourteen (14) years and above is found guilty of an offence, he 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 an approved school.
However, if the child is ordered to be imprisoned, he shall not be allowed to associate with adult prisoners.
A Court for Children may order:
- the detention of a child in a place of detention, probation hostel, approved school or Henry Gurney School, approved institution or centre;
- the supervision of a child by a Social Welfare Officer or probation officer, as the case may be; or
- any probation period,
to be extended beyond the date on which the child attains the age of eighteen (18) years.
For offences punishable by death penalty, in lieu of a death sentence, the child shall be detained in prison at the pleasure of the Ruler. The Board of Visiting Justices for that prison will review the case at least once a year and may recommend to the Ruler on the early release or further detention of the child.
Any mass media reporting regarding:
- any step taken against a child or in any criminal act or omission, be it at the pre-trial, trial or post-trial stage;
- any child in respect of whom custody is taken under Part V of the Child Act 2001 [Act 611] which provides for children in need of care and protection;
- any child in respect of whom any of the offences specified in the First Schedule has been or is suspected to have been committed; or
- any proceedings under Part VI of the Child Act 2001 [Act 611] which provides for children in need of protection and rehabilitation,
shall not reveal the name, address or educational institution, or include any particulars that may lead to the identification of the child concerned as being the person against or in respect of whom action is taken or as being a witness to the action.
A picture of the child concerned in any of the matters mentioned above shall not be published in any newspaper or magazine or transmitted through any electronic medium, which includes broadcast by radio or television.
Any person who contravenes the above commits an offence and shall on conviction be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding five (5) years or to both.
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