Malaysia legislation
Section 75
Section 75
When a child can be sent to Henry Gurney School
(a)
a child is found guilty of any offence punishable with imprisonment;
(b)
the probation report submitted to the Court For Children shows that the child is not suitable to be rehabilitated in an approved school; and
(c)
it appears to the Court For Children—
(i)
that the offence committed is serious in nature;
and
(ii)
by reason of the nature of the child’s criminal habits and tendencies it is expedient that the child be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, the Court For Children shall, after considering the probation report, send the child to a Henry Gurney School.
(2)
If a Court For Children orders a child aged fourteen years or above to be sent to a Henry Gurney School—
(a)
the order shall be—
(i)
an authority for his detention for a period of three years from the date of the order; and
(ii)
valid for his detention up to but not after he has attained the age of twenty-one years; and
(b)
sections 68 to 72 shall apply with the following modifications:
(i)
for the words “approved school” wherever appearing there shall be substituted the words
“Henry Gurney School”;
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(ii)
in section 69, for the words “the Board of Visitors of the approved school consent” there shall be substituted the words “the Commissioner General of Prison in the case of a Henry Gurney School consents” and the age referred to in that section shall be increased by three years; and
(iii)
in subsection 71(1), for the words “probation officer” there shall be substituted the words
“prison officer”.
(3)
Notwithstanding subsection (2). The Commissioner General of Prison may, in his discretion—
(a)
shorten the period of detention of a child in a Henry
Gurney School for reasons which appear to him to be sufficient; or
(b)
release any such child with permission for such period and upon such conditions as he may deem fit to impose.