ACT 611

CHILD ACT
2001

Incorporating all admentment up to 1st january

20006
SUMITRA KAN FONG KUEN
JULY 2015

CHILD
(a)means a person under

the age of
eighteen years;
and

(b)in relation to criminal

proceedings, means a person

who has attained the age of
criminal responsibility as
prescribed in section 82 of
the Penal Code [Act 574];

ANY ACT OF A CHILD UNDER 12

YEARS OLD - NOTHING IS CONSIDER
AN OFFENCE

82. Nothing is an offence which is done by a child under ten

years of age. Act of a child above 10 and under 12
years of age, who has not attained sufficient
maturity of understanding.

83. Nothing is an offence which is done by a child above ten years of

age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequence of his conduct on that occasion.

(source: Malaysia. The Commissioner of Law. (2006). Act 574 PENAL CODE
Incorporating all amendments up to 1 January 2006)

ACKNOWLEDGE THAT A CHILD

BEING IMMATURE
Acknowled that a child, by reason of his

physical, mental and

emotional immaturity, is in

need of special

safeguards, care
and assistance, after
birth, to enable him to participate in and
contribute positively towards the attainment
of the ideals of a civil Malaysian society

FAMILY IS THE BASE FOR

GROWTH & DEVELOPMENT
Acknowledge that the family as the fundamental group

provides the natural

environment for the growth,
support and well-being of all its

in society which

members, particularly children, so that they may develop in

an environment of peace, happiness, love and understanding
in order to attain the full confidence, dignity and worth of
the human person.

NON DISCRIMINATION
POLICY

Recognizing 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 other status.

SECTION 31. (1) NEGLICENCE ON

THE PART OF CARE TAKER
Any person who, being a person having the care of a child

(a) abuses, neglects, abandons or exposes

the child in a manner likely to cause him physical or emotional
injury or causes or permits him to be so abused, neglected, abandoned or
exposed; or

(b)sexually abuses

the child or causes or permits him to be

so abused,

fine not
exceeding twenty thousand ringgit or to
imprisonment for a term not exceeding
commits an offence and shall on conviction be liable to a

CHILDREN IN NEED OF CARE AND

PROTECTION
Chapter 1 17. (1)A child is in need of care
and protection if

(a) the child has been or there is substantial

risk that the child will be physically injured or
emotionally injured or 30 Laws of Malaysia
Act 611 sexually abused by his parent or
guardian or a member of his extended
family;

CHILDREN IN NEED OF CARE AND

PROTECTION
(b) the child has been or there is substantial risk

physically
injured or emotionally
injured or sexually abused
that the child will be

and his parent or guardian, knowing of such injury

or abuse or risk, has not protected or is unlikely to
protect the child from such injury or abuse;

CHILDREN IN NEED OF CARE AND

PROTECTION
(c) the parent or guardian of the child is

unfit, or has
neglected, or is
unable, to exercise
proper supervision
and control over the child and
the child is falling into bad association;

CHILDREN IN NEED OF CARE AND

PROTECTION
Chapter 1 17. (1)A child is in need of
care and protection if

(d) the parent or guardian of the child

unwilling
to provide for him
adequate care, food,
clothing and shelter;
has neglected or is

PRIVACY

IN COURT CASES

If a Court For Children sits in the same

building as other Courts, the Court For

have a different
entrance and exit from those of
Children shall

the other Courts to enable children to be

brought to and from the Court For Children
with privacy

TAKING A CHILD INTO TEMPORARY

CUSTODY
18. Any Protector or police
officer who is satisfied on
reasonable grounds that a
child is in need of care and
protection may take the
child into temporary
custody

ILL-TREATMENT, NEGLECT,
ABANDONMENT OR EXPOSURE OF
CHILDREN
31. (1)Any person who, being a person having the care of a
child
(a)

abuses, neglects, abandons

the child in a manner likely to cause him

emotional injury

or exposes

physical or

or causes or permits him to be

so abused, neglected, abandoned or exposed; or

ILL-TREATMENT, NEGLECT,
ABANDONMENT OR EXPOSURE OF
CHILDREN
(b) sexually abuses the child or causes or permits
him to be so abused, commits an offence and shall on
conviction be liable to a fine not exceeding twenty

thousand ringgit or to imprisonment for a term

not exceeding ten years or to both.

CHILDREN NOT TO BE USED FOR

BEGGING,
ETC

32. allows that child to be on any street, premises or

place for the purposes of

(a) begging,

receiving alms,

whether

or not there is any pretence of singing, playing, performing

or offering anything for sale; or

(b) carrying

out illegal hawking,

illegal lotteries, gambling or
other illegal activities detrimental to the
health and welfare of the child,

commits an offence and shall on conviction be liable to a

fine not exceeding five thousand

ringgit or to imprisonment for a term
not exceeding two years or to both.

CHILDREN BEYOND CONTROL

46. (1) If the parent or guardian of a child requests the Court
For Children in writing to detain a child in an approved
school, place of refuge, probation hostel or centre on the
ground that the parent or guardian is unable to exercise
proper control over the child

CHILDREN BEYOND CONTROL

the Court For Children may, on the recommendation of the probation
officer, order that the child

) be sent to an approved school,

place of refuge, probation hostel or
centre, as may be appropriate; or
(aa

CHILDREN BEYOND CONTROL

(bb (ii) some ot) be placed for such period not exceeding three
years under the supervision of
(i) a probation officer; or
(ii) her person appointed for the purpose by the Court,
and any such order may require the child to reside for a period

exceeding twelve months in a

probation hostel.

not

PART VIII
TRAFFICKING AND ABDUCTION OF CHILDREN
48. (1) . Unlawful transfer of
possession, custody or control of child

within or outside Malaysia commits an

offence and shall on conviction be liable
to a fine not exceeding ten

thousand ringgit or to
imprisonment for a term not
exceeding five years or to both.

OFFENCE OF TAKING OR SENDING OUT A

CHILD WITHOUT APPROPRIATE CONSENT
OF PERSON HAVING LAWFUL CUSTODY
52. (1) Any parent or guardian who
(a) does not have the lawful custody of a child; and
(b) takes or sends out a child, whether within or
outside Malaysia, without the consent of the person
who has the lawful custody of the child
commits an offence and shall on conviction be liable

a fine not exceeding ten

thousand ringgit or to
imprisonment for a term not
exceeding five years or to both
to

WHEN A CHILD CAN BE SENT TO

HENRY GURNEY SCHOOL
75. (1) If

found guilty

(a) a child is
with imprisonment;

of any offence punishable

(b) the probation report submitted to the Court For Children

shows that

(i)the parents or guardian of the child can no longer

is incapable of exercising any proper

control over him;
exercise or

(ii)

habitually in the company of

persons of bad character; and
the child is

WHEN A CHILD CAN BE SENT TO

HENRY GURNEY SCHOOL
(c) it appears to the Court For Children

(i)

that the
and

offence committed is serious

(ii) (ii) by reason of the nature of the childs criminal

and tendencies

in nature;

habits

it is expedient that the child be subject

to detention for such term and under such instruction and discipline
as appears most conducive to his reformation and the repression of
crime,

HENRY GURNEY SCHOOL

Rehabilitating

centre for the Juvenile

delinquents age 14-21 years old

5 Henry Gurney Schools

in Malaysia:

SHG Telok Mas, Melaka

SHG Kota Kinabalu, Sabah
SHG Keningau, Sabah
SHG Puncak Borneo, Sarawak
SHG Wanita, Batu Gajah, Perak

(source: Jabatan Penjara Malaysia http://www.prison.gov.my/images/carta/shg.htm)

HENRY GURNEY SCHOOL

(6 months
1 year)
- Moral &
Religious
studies
Counselling

Skill
Training
3rd Phase

- Induction
(7 days)
Orientation
(75 days)
- Evaluation
(7 days)

Personal
ity
Reform
2nd Phase

1st Phase

Orientati
on

(6 months
1 year)

Vocational
training

4th Phase

REHABILITATION PROGRAMME
Prior to
Release
- Parole Leave
(7 days)
- Motivational
talks
- Carreer
guidance
- Social skills
training

(source: Jabatan Penjara Malaysia http://www.prison.gov.my/images/carta/shg.htm)

POWER OF MINISTER TO REMOVE PERSON

UNDERGOING
IMPRISONMENT TO HENRY GURNEY SCHOOL
77. (1) The Minister may, by warrant
under his hand, direct any person
who
(a) has attained the age of eighteen
years but has not attained the age of
twenty-one years; and

to be(b)
removed
to under
a Henry
GurneyofSchool.
is in prison
a sentence
imprisonment,

TRIALS OF CHILDREN TO BE IN
CONFORMITY WITH THIS ACT
BAIL
84. (1) If a child is arrested with or
without a warrant, the child shall be
brought before a Court For Children
within twenty-four hours exclusive of the
time necessary for the journey from the
place of arrest to the Court For Children.

TRIALS - PARENT OR GUARDIAN

REQUIRED TO ATTEND
88. (1) If a child is charged with any offence, the Court For
Children shall require the childs parents or guardian to
attend at the Court For Children before which the case is
heard or determined during all the stages of the proceedings
,
(2) Any parent or guardian of a child who fails to attend the
Court For Children when required to do so under subsection
(1)
commits an offence and shall on conviction be liable to a

fine not exceeding five thousand ringgit

or to imprisonment for a term not
exceeding two years or to both.

SEPARATION OF CHILD FROM

ADULT IN POLICE STATIONS OR
COURTS
85. Appropriate arrangements shall be made

(a)to prevent a child while

(i) being detained in a police station; Child 81
(ii) being conveyed to or from any Court; or
(iii) waiting before or after attendance in any Court,

from associating with an

adult who is charged with an
offence;

PROTECTION FOR GIRLS

85. Appropriate arrangements shall
be made
(b) to ensure that a child,

if a

girl, while being so detained or

is under
the care of a woman; and
conveyed, or waiting,

PRIVACY
85. Appropriate arrangements shall be made

to prevent the picture of a

child while
(c)

(i) being detained in a police station;

(ii) being conveyed to or from any Court; or
(iii) waiting before or after attendance in any Court,

from being recorded in any

manner on tape or film or by
any electronic medium.

READ MORE:
Malaysia. The Commissioner of Law Division.
(2006).Act 611. Child Act 2001. Incorporating
all amendment up to 1st January 2006.
Retrieved July 21, 2015 from
http://www.agc.gov.my/Akta/Vol.%2013/Act%2
0611.pdf