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Juvenile Justice in Malaysia: Challenges and Future Directions

This presentation highlights the juvenile justice system in Malaysia, covering aspects such as delinquent behavior, causes of delinquency, the Juvenile Justice System in Malaysia, and the Child Act 2001. It discusses challenges faced in the current system and suggests future directions for improvement, emphasizing the need for a more effective and community-based approach to handling children in conflict with the law.

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Juvenile Justice in Malaysia: Challenges and Future Directions

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  1. Juvenile Justice in Malaysia Presentation to First ASEAN Juvenile Justice Organizing Committee 1st September 2014 – 4th September 2014 Bangkok, Thailand

  2. Definition of Juvenile Justice • Situation of children coming into contact with the justice system: • Suspected or accused of committing an offence • Deemed beyond parental control also known as status offence • Child – below the age of 18 • Age of criminal responsibility – 10 years

  3. Definition of Juvenile Justice (cont.) • Juvenile Justice involves the following aspects: • Process of arrest or referral • Decision made • How they are dealt with • Implications of sentencing options • Prevention of juvenile offending • Social Reintegration of offenders

  4. Delinquent Behavior • Show a steady increase – 3862 children in 2009 to 4465 children in 2010 and to 5547 in 2011 • Boys are more likely than girls to commit criminal offences • Majority of the children involved in crimes against property – however a substantial increase is observed in the number of drug-related offences • Girls come into contact with the system more for status offences • Majority from the age group of 16 – 17 years

  5. Causes of Delinquency • Environment in the family is a major contributory factor • Lack of parental support and guidance • Adolescents have a lot of free time which is not spent in useful activities • Identify strongly with peer groups/ peer pressure

  6. Juvenile Justice System in Malaysia • First established with the introduction of the Juvenile Courts Act (JCA) 1947 • JCA replaced by the Child Act 2001 and came into force in August 2002 • Recognized to have separate system for handling children in conflict with the law • Premised on the concept of prevention, treatment and rehabilitation • Measures are taken to ensure that children are separated from adults and afforded special care and protection

  7. Child Act 2001 • Standardizes the definition of a ‘child’ – under the age of 18 • Neutral and non-stigmatizing terminology of children in the criminal justice system • Juvenile court renamed the Court of Children • Basic framework remains largely intact • Balance traditional rehabilitative orientation with sanctions for chronic offenders • Whipping for a male child is introduced • Probation order not permitted for grave crime

  8. Child Act 2001 • Role of the family to take center stage in efforts to manage delinquency • Parents required to attend court during all proceedings • Mandatory for the court to bind over the parents of a child to exercise proper care and control in addition to any other punishment it may imposed • Child offenders detained in lieu of the death penalty • Compulsory for the Board of Visiting Justice to make a review at least once a year • Strengthening community-based supervision and rehabilitation through the introduction of interactive workshop

  9. Child Act 2001 • Part X Child Act 2001 outlines structures, processes and procedures of handling children committing crimes: • Arrest, bail, remand, trial and sentencing of children • Roles and responsibilities of police, probation officers, courts and other related institutions • Part VII Child Act 2001 provides procedures for children committing status offences

  10. Challenges • Approach is grounded in formal police and Court-based interventions and institution-based rehabilitation. Need to look into global trends such as diversion and more effective community-based responses. • Need to revisit the rehabilitation strategy in institutions. Presently focus is on standardized regime of discipline, religious instruction and vocational training – not enough to address the complex range of risk factors in child offending behavior. • Need to ensure high and same level of understanding and commitment in handling children in conflict with the law.

  11. Challenges (cont.) • Channeling of resources: • Manpower – probation officers/police • Dedicated Courts for Children • Institution vs community-based rehabilitation programs • Need to ensure community-based rehabilitation and supervision are more effective • Need to focus on preventive measures especially at the community level, schools and family

  12. Future Directions

  13. Future Directions

  14. Future Directions

  15. Future Directions

  16. Future Directions

  17. THANK YOU

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