Child Act 2001

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The Child Act 2001 is a Malaysian law which served to consolidate the Juvenile Courts Act 1947, the Women and Young Girls Protection Act 1973, and the Child Protection Act 1991.[1] It was enacted partially in order to fulfill 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]

[edit] References

  1. ^ Malaysia Child Act 2001. UNICEF. Retrieved on 2007-09-25.
  2. ^ a b Hussein, Ranita. "Comment: Crime, punishment and the child offender", The New Straits Times, 2007-08-05. Retrieved on 2007-09-25. 
  3. ^ Theophilus, Claudia. "Bar Council: Child Act needs urgent review", Malaysiakini, 2004-12-07. Retrieved on 2007-09-25. Archived from the original on 2007-09-07. 

[edit] External links

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