Malaysia legislation

Section 83

of CHILD ACT 2001

Section 83

(2)

When a child is charged with an offence before a Court For

Children and during the pendency of the case he attains the age of eighteen years the Court For Children shall, notwithstanding

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any provisions of this Act, continue to hear the charge against the child and may—

(a)

exercise the power under section 76;

(b)

exercise the power under paragraph 91(1)(a), (b), (c), (d)

or (da); or

(c)

if the offence is punishable with imprisonment, impose any term of imprisonment which could be awarded by a Sessions Court.

(3)

When an offence is committed by a child but a charge in respect of that offence is made against the child after he has attained the age of eighteen years, the charge shall be heard by a

Court other than a Court For Children and that other Court may exercise the power mentioned in paragraph (2)(a), (b) or (c).

(4)

A charge made jointly against a child and a person who has attained the age of eighteen years shall be heard by a Court other than a Court For Children and that other Court shall—

(a)

exercise in respect of the child all the powers which may be exercised under this Act by a Court For Children;

and

(b)

before exercising the powers referred to in paragraph (a), consider the probation report.

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