Court for Children (CFC)

CFC were established by the Child Act 2001 (CA 2001) . The CFC was replaced by Juvenile
Courts which were set up under the Juvenile Court Act 1947, one of the statutes replaced by the
Child Act 2001.

Section 2 of CA 2001 provides that a child means a person under the age of 18 years and in
relation to minimal proceedings, means a person which has attained the age of criminal
responsibility as prescribed by section 82 of the Penal Code that nothing is considered as an
offense which is done by a child under 10 years of age.

Section 11(1) of CA 2001 states that the courts constituted shall sit for the purpose of the
hearing, determining, or disposing of any charge against a child or exercising any other
jurisdiction conferred or to be conferred on the CFC by or under this Act or any written law.

Composition:

CFC comprises a First Class Magistrate and is assisted by two advisers to be appointed by the
Minister from a panel of persons resident in the state. One of the two advisers shall be a woman
due to their maternal instinct.

Advisers’ functions are to inform and advise the court on any consideration affecting the order
upon a guilty verdict as well as inform the parents or guardians of the child, if necessary.

Jurisdiction:

CFC has the jurisdiction to attempt all offenses except for offenses punishable by death.
Offenses involving murder will be brought to High Court as the judges are more senior.

Section 11(6) of CA 2001 states that the Criminal Procedure Code (CPC) shall apply to the court
as if the CFC were a Magistrates’ Court.
The CA 2001 prohibits the words ‘conviction’ and ‘sentence’ from being applied in relation to a
child offender found guilty. Instead, ‘a finds of guilt’ and ‘order made upon a finding of guilt’ is
applied.

In addition, the child accused’s names and details shall be secretive and cannot be exposed on
the basis that children have the potential to change.

Place of Sitting:

CFC must sit in a different building from other courts or shall be on different days from other
courts. It shall be a close trial to ensure the privacy of the proceeding of children as the children
tend to get easily scared.

No person shall be attending any CFC proceedings, except members and officers of the Court,
children who are parties to the case, their parents or guardians, advocates, witnesses, and
other people directly involved in the case. Also, such other responsible persons as may be
determined by the Court.

CFC may make any of the following orders such as advice and discharge, discharge with bond,
place the child under the care of appointed parties such as Jabatan Kebajikan Masyarakat, and
many more.

If a child aged 14 years and above is found guilty of an offense, he shall not be imprisoned if he
can be suitably dealt with any other way whether by probation, fine, or being sent to an
approved school. However, if the child is ordered to be imprisoned, he shall not be allowed to be
imprisoned with adult prisoners.