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

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

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

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

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

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

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

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

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

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.

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

Future Directions SUGGESTIONS Further improvements on procedures Provisions of legal aid as part of the legal process Inter-agencies collaboration especially in training, trained and cognizant of their inter-relatedness and complementary roles Develop detailed SOP for those involved in handling children in conflict with the law. Special Unit in the Police Force Special unit staffed with officers trained to handle child offenders be set up in Police Force This will ensure that police officers with specialized training handle children in conflict with the law.

Future Directions SUGGESTIONS Introduce Gender Policies into Rehabilitation Programs Girls have different pathway to delinquency – high incidence of runaways Addressing the problems which led them to delinquency Need to focus on placements and parenting programs for girls with babies and programs to address sexual victimization Strengthen Community-based Supervision & Rehabilitation of Child Offenders Introduce more intensive support and supervision programs through: More face-to-face meetings with Probation Officers Greater scrutiny of the child’s outside activities More frequent assessment of his progress Promote an individualized and multi-dimensional approach to intervention planning

Future Directions SUGGESTIONS Strengthen Legal Framework for administration for Juvenile Justice Introduce Community Service: Such programs hold them accountable for their conduct Make them take responsibility for their actions Introduce Diversion: Children be diverted away from the formal justice system and into community-based and restorative processes Identify strategies of the community level to effectively prevent re-offending Benefits include less re-offending, less costly and child offenders become more responsible

Future Directions SUGGESTIONS Risk-focused Prevention Needs assessment to identify risk factors within families, schools and neighborhood and tailor programs to respond to such factors Legal Literacy in Schools Legal awareness programs and crime prevention programs be integrated into existing relevant school subjects Meaningful Curriculum in Schools Children need to be in schools to be educated and become productive citizens Curriculum must be meaningful and useful to non-academic students and to those skillful with their hands such as the Basic Vocational Program that have been introduced in schools

Future Directions SUGGESTIONS Improve Conditions in Institutions Develop smaller, decentralized facilities to be more home-like and therapeutic Introduce individualized assessment and case planning for children Develop specialized training program for all institutional staff Improve Prevention and Early Intervention Measures Developing parenting skills training and peer support programs that parents who are experiencing difficulties with their adolescents can access voluntarily Promote greater opportunities for adolescents to engage in positive social and recreational activities, particularly in low-income and high-income neighborhoods Improve access to vocational skills training, career counselling and job placement support for school-leaving adolescents

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