Malaysia legislation

Section 71

of CHILD ACT 2001

Section 71

(a)

escapes from the approved school in which he is detained, or from any hospital, home or place in which he is receiving medical attention;

(b)

being absent from the approved school on temporary leave of absence or with permission—

(i)

runs away from the person in whose charge he is; or

WJW22/0178 BI.indd 87 04/08/2023 3:33 PM

(ii)

fails to return to the approved school upon the expiration of his leave, or upon the revocation of such permission; or

(c)

being absent from the approved school under supervision, fails to return to the approved school upon being recalled, may be arrested without a warrant by a probation officer or police officer and be brought before the Court For Children where the child is found or the approved school is situated.

(2)

If a child brought before a Court For Children under subsection (1) is under the age of fourteen years, the Court For

Children shall order the child to be brought back to the approved school or to be sent to another approved school for—

(a)

a period which is equal to the period during which he was unlawfully at large;

(b)

the remainder of his period of detention; and

(c)

such period not exceeding six months as the Court may direct, in addition to the periods mentioned in paragraphs (a) and (b).

(3)

If a child brought before the Court For Children under subsection (1) has attained the age of fourteen years, the Court

For Children may order the child—

(a)

to be brought back to the approved school or to be sent to another approved school for—

(i)

a period equal to the period during which he was unlawfully at large;

(ii)

the remainder of his period of detention; and

(iii)

such further period not exceeding six months as the Court may direct; or

(b)

if circumstances warrant it and on the recommendation of the probation officer the Court thinks it necessary to do so, to be sent to a Henry Gurney School for such period as the Court may direct.

Act 611

WJW22/0178 BI.indd 88 04/08/2023 3:33 PM

Child 89

Offence of removing or helping a child to escape from approved school