Malaysia legislation

Section 83a

of CHILD ACT 2001

Section 83a

(a)

the offence with which he is arrested for is a grave crime; or

(b)

the child forcibly resists the endeavour to arrest him or attempts to evade the arrest.

(2)

When a child is arrested, he shall be informed of his grounds of arrest, and a police officer shall, as soon as may be,

WJW22/0178 BI.indd 95 04/08/2023 3:33 PM before commencing any form of questioning or recording of any statement from the child, communicate to the parent or guardian, or relative of the child and a probation officer to inform—

(a)

the child’s whereabouts;

(b)

the grounds of the child’s arrest; and

(c)

the right to consult with a counsel of the child’s choice.

(3)

A police officer may allow the probation officer and the parent or guardian of a child to be present at the place where the child is being detained after arrest to ensure the child’s welfare.

(4)

Nothing in this section shall be deemed to affect the powers of a police officer to deal with a child arrested in accordance with the Criminal Procedure Code.

Bail