KUALA LUMPUR, July 7 (Bernama) -- The government is reviewing Section 97 of the Child Act 2001 (Act 611), including introducing a clearer detention period, to strike a balance between justice for victims, public safety and the rehabilitation of child offenders.
Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran said the review is being undertaken by a special committee formed following the abolition of the mandatory death penalty and life imprisonment in 2023.
“We need to ensure consistency not only in the law but also in delivering justice for everyone. I believe the committee, which has met several times, will arrive at a decision that will enable us to address this issue by amending Section 97 and introducing a fixed detention period,” he said during Question Time in the Dewan Rakyat today.
He was responding to a supplementary question from Dr Abd Ghani Ahmad (PH-Jerlun) on the government's main challenges in implementing Section 97 of Act 611 while balancing justice for victims with rehabilitation opportunities for child offenders, as well as Malaysia's commitments under the Convention on the Rights of the Child (CRC).
Kulasegaran said one of the key reasons for reviewing the provision was the situation faced by individuals who were detained as children without a clearly defined detention period.
“We interviewed several inmates. During my visit to prisons in Semporna and Sandakan recently, I met one individual who has been detained for almost 25 years. He was only 17 when he entered prison.
“He does not know what a smartphone is. He has no idea what life is like outside,” he said.
Earlier, in reply to an original question from S. Kesavan (PH-Sungai Siput) on the number of offenders still detained under Section 97 of Act 611 and the duration of their detention, Kulasegaran said 40 individuals remain detained under the provision.
He said Section 97 stipulates that the death penalty shall not be imposed on a person who was a child at the time the offence was committed.
Instead, the court must order that the individual be detained at the pleasure of the King or the Yang di-Pertua Negeri, depending on where the offence was committed.
“The MADANI Government is committed to ensuring that any proposed amendments will strike a balance between the interests of justice, public safety and the welfare of children, in line with Malaysia's human rights obligations and commitments,” he said.
“We need to ensure consistency not only in the law but also in delivering justice for everyone. I believe the committee, which has met several times, will arrive at a decision that will enable us to address this issue by amending Section 97 and introducing a fixed detention period,” he said during Question Time in the Dewan Rakyat today.
He was responding to a supplementary question from Dr Abd Ghani Ahmad (PH-Jerlun) on the government's main challenges in implementing Section 97 of Act 611 while balancing justice for victims with rehabilitation opportunities for child offenders, as well as Malaysia's commitments under the Convention on the Rights of the Child (CRC).
Kulasegaran said one of the key reasons for reviewing the provision was the situation faced by individuals who were detained as children without a clearly defined detention period.
“We interviewed several inmates. During my visit to prisons in Semporna and Sandakan recently, I met one individual who has been detained for almost 25 years. He was only 17 when he entered prison.
“He does not know what a smartphone is. He has no idea what life is like outside,” he said.
Earlier, in reply to an original question from S. Kesavan (PH-Sungai Siput) on the number of offenders still detained under Section 97 of Act 611 and the duration of their detention, Kulasegaran said 40 individuals remain detained under the provision.
He said Section 97 stipulates that the death penalty shall not be imposed on a person who was a child at the time the offence was committed.
Instead, the court must order that the individual be detained at the pleasure of the King or the Yang di-Pertua Negeri, depending on where the offence was committed.
“The MADANI Government is committed to ensuring that any proposed amendments will strike a balance between the interests of justice, public safety and the welfare of children, in line with Malaysia's human rights obligations and commitments,” he said.