Malaysia legislation
Section 20
Section 20
(1a)
If an Assistant Protector or a police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Assistant Protector or police officer may, instead of bringing the child before a Protector under paragraph 18(3)(b), present the child before a medical officer.
WJW22/0178 BI.indd 41 04/08/2023 3:33 PM
(2)
If at the time of being taken into custody a child is a patient in a hospital, the Protector, Assistant Protector or police officer who takes the child into custody may leave the child in the hospital.
(2a)
If a child who is taken into temporary custody by an
Assistant Protector or a police officer—
(a)
is presented before a medical officer under subsection (1a); or
(b)
is a patient in a hospital and left in the hospital under subsection (2), to be medically examined or treated, the Assistant Protector or police officer shall notify the Protector of such action.
(3)
If a Protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.
(3a)
If an Assistant Protector does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may, with the approval of a Protector, direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.
(4)
If the person referred to in subsections (3) and (3a) fails to comply within forty-eight hours with a direction made under that subsection, a Protector, Assistant Protector or police officer may take the child into temporary custody for the purpose of presenting the child before a medical officer.
Medical examination and treatment