Professional Documents
Culture Documents
Courts For Children
Courts For Children
Courts For Children
S.11(1) of Child Act: Hear, determine, or dispose any charge against a child;
or
S.11(2) of Child Act: Exercise any other jurisdiction conferred by this Act or
any other written law.
WHO IS A CHILD?
COMPOSITION
S.11(2) of CA 2001: CFC comprises of a First Class Magistrate and assisted by two (2)
advisers to be appointed by the Ministers from a panel of persons resident in the
state. One (1) of the two advisers shall be a woman – due to maternal instinct.
FUNCTIONS:
JURISDICTION
S.11(5) of CA 2001: A CFC shall have jurisdiction to try all offences excepts offences
punishable with death.
S.11(6) of CA 2001: The Criminal Procedure Code (CPC) shall apply to the court as if
the Court of Children were Magistrates Courts.
PLACE OF SITTING
S.12(2) of CA 2001: If CFC is paced in the same building with other courts, the CFC
shall have a different entrance and exit to enable the children to be brought in and
out the court with privacy.
S.83 S.84 S.85 S.86 S.87 S.88 S.90 S.91 S.92-S.94 S.96-S.108
S.83:
(1) A child is alleged to committed an offence must be arrested, detained or
tried in accordance with the CA 2001;
(2) When a child is charged with an offence before a FCF and during the
pendency of the case, he attains the age of 18, the CFC shall continue to
hear the case;
(3) When an offence is committed by a child when he was below 18 but the
charge is made after he has attained the age of 18, then the charge shall be
heard in other Courts;
(4) A charge jointly made against a child and a person who has attained the
age of 18 shall be heard by other Courts.
S.83A. (1)
S.84
(1) If a child is arrested with or without a warrant, the child shall be brought
before a CFC within 24 hours exclusive of the time necessary for the journey
from the place of arrest to the CFC;
(2) If it is not possible to do that, the child shall be brought before a
Magistrate who may direct that the child be remanded in a place of
detention until such time as the child can be brought before the CFC –
(3) When a child is brought before a CFC, the CFC shall release the child on a
bond, with or without sureties – EXCEPTIONS:
(a) the charge is one of murder or other grave crime;
(b) it is necessary in the best interests of the child arrested to
remove
him from association with any undesirable person; or
(c) the CFC has reason to believe that the release of the child would
defeat the ends of justice.
S.85:
S.86:
S.87(b):
S.88:
S.90:
S.91:
S.96(2): Child over 14 shall not be imprisoned if he can be better dealt with in
another way e.g., sending him to Henry Gurney School.
S.96(3): If imprisoned, shall not mix with adults.
S.97(1): Death sentenced cannot be pronounced if the offence was committed when
he was a child;
S.97(2): In lieu of death sentence, child detained in prison at the pleasure of:
(a): the YDPA if the offence was committed in the Federal Territory or the
Federal Territory of Labuan;
(b): the Ruler or the Yang Di-Pertua Negeri, if the offence was committed in
the State.
S.97A