LXEA 4120 - CRIMINAL PROCEDURE II

TUTORIAL QUESTIONS
COURT FOR CHILDREN

1. What is the criminal procedure which regulates the prosecution and trial of an accused
person below eighteen years old who is charged with a criminal offence in Court?

2. What are the sentencing powers of the Court for Children on proof of an offence?

3. What is a probation report and what purpose it serves?

4. Balu stole a car in Tampin when he was 17 years old. He was caught by the police
with the stolen car in Seremban 2 years later.
Advise the police as to the Court in which the charge of theft should be heard
and determined.

5. Malik, a 16 years old boy, is charged with an offence under section 3 of the
Kidnapping Act 1961 which carries the punishment of death.
Explain the procedures that are applicable to him if he was to be tried.

6. Gong, a Deputy Public Prosecutor comes to see you regarding the following matter:

Last week the Sessions Court in Kuala Lumpur had found Lam and Fam guilty on a
joint charge of culpable homicide not amounting to murder of a girl aged six years
old. This offence took place four months ago. Lam was sixteen years old whilst Fam
was nineteen years old at that time. Lam’s parents were abroad during the trial.

The Sessions Court imposed the following orders on Lam:

(i) A probation order;
(ii) An order to compensate the victim’s parents to be paid by Lam’s parents;
and
(iii) Detention at an approved school for three years.

In respect of Fam, the Sessions Court ordered that he be sent to prison for five years.

Advise on the propriety of the trial procedure and the lawfulness of the orders
passed. In considering an appeal for sentences/orders, what are the factors that
an appellate court ought to consider?