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 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

11. 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.

12. 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

13. 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.

14. 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

15. 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

16. 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

17. 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

18. THANK YOU