Malaysia legislation
Section 38A
Section 38A
(1)
Where any person below the age of eighteen years is found guilty of an offence against this Act other than in the case of an offence under section 6B or 39B or other than in a case where a person is found guilty of an offence against this
Act for which the punishment shall be under section 39A, the
Court shall consider a report of a Rehabilitation Officer as defined in the Drug Dependants (Treatment and Rehabilitation)
Act 1983 [Act 283] and if the Court is satisfied that such person is a drug dependant as certified by a government medical officer and that having regard to the circumstances of the case and the character, antecedents, health or mental condition of the person charged it is inexpedient to inflict the punishment provided, the Court may, with or without recording a conviction—
Drug Dependants (Treatments and Rehabilitation) 21
(a)
release the offender and order him to reside at a Rehabilitation Centre for a period of two years to undergo treatment and rehabilitation, and immediately thereafter to undergo after-care in accordance with the provisions of the Drug
Dependants (Treatment and Rehabilitation) Act 1983; or
(b)
order the offender to be placed under the supervision of a Rehabilitation Officer for a period of not less than two and not more than three years, and to execute a bond with or without sureties, as the Court may determine, to remain under such supervision for such period:
Provided that where such person fails to execute such bond, an order under paragraph (a) shall be made against him by the Court.
(2)
Where an order under paragraph (1)(a) is made against an offender, it shall be deemed to be an order made by a Magistrate under paragraph 6(1)(a) of the Drug
Dependants (Treatment and Rehabilitation) Act 1983, and where the order is made under paragraph (1)(b), it shall be deemed to be an order made by the Magistrate under paragraph 6(1)(b) of that Act, and the provisions of that
Act shall apply accordingly in relation to such order.
Powers of Court in respect of person found guilty under section 15