What is a Court for Children? What are the functions of the Court for Children?
A Court for Children was established in Malaysia under Part IV of the Child Act 2001 [Act 611] for the purpose of hearing, determining or disposing of any charge against a child. The Courts for Children may also exercise its jurisdiction conferred to by the Act or by any other written law.
Section 2 of the Child Act 2001 [Act 611] defines "Child
" as a person under the age of eighteen (18) years, and for the purposes of criminal proceedings, means a person who has attained the age of ten (10).
The words "person convicted
" and "sentence
" cannot be used in relation to a child dealt with by the Court for Children but should be construed as a "child found guilty
", a "finding of guilt
" and an "order made upon a finding of guilt
The Court for Children shall consist of a First Class Magistrate and shall, as the case may require, be assisted by two advisers, one of whom shall be a woman.
The functions of the advisers are:
- to inform and advise the Court for Children with respect to any consideration affecting the other made upon a finding of guilt or other related treatment of any child brought before it; and
- if necessary, to advise the parent or guardian of the child.
A Court for Children sits:
- either in a different building or room from that in which sittings of other courts are held; or
- on different days from those on which sittings of those other courts are held.
If the Court of Children sits in the same building as other courts, the Court of Children shall have a different entrance and exit to enable children to be brought to and from the court with privacy.
No person shall be present in any sitting of this court except among others:
- members and officers of the court; and
- the children who are parties to the case including their parents, guardians, advocates and witnesses.
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