Malaysia legislation
Section 26A
Section 26A
(2)
Where the person convicted of an offence referred to in subsection (1) is a child, the court shall make an order for the payment of the compensation to be made by the child’s parent or guardian.
(3)
Where the child victim is deceased, the court shall make an order for the payment of compensation to be made to a representative of the deceased child victim.
(4)
The court shall, in making an order under subsection (1), take into consideration any factor which the court thinks fit including—
(a)
the nature and seriousness of the offence committed;
(b)
the physical or emotional injury suffered by the child victim;
(c)
the expenses incurred by the child victim, including expenses for treatment, rehabilitation or counselling of the child victim;
24
(d)
the damage to, or loss of, property suffered by the child victim; and
(e)
the ability of the convicted person to pay or where the convicted person is a child, the ability of the parent or guardian of the child to pay.
(5)
For the purpose of making an order under subsection (1), the court may hold an inquiry as it thinks fit.
(6)
Where the court makes an order for payment of costs of prosecution under section 426 of the Criminal Procedure Code against the convicted person in respect of any offence under this Act, or any offence specified in the Schedule where the victim is a child, an order for payment of compensation under this section shall have priority over an order for the payment of costs of prosecution.
(7)
To the extent of the amount which has been paid to the child victim, or to the representatives of the child victim, under an order for payment of compensation, any claim of such child victim or representatives of the child victim for any injury, damage or loss suffered by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy by the child victim or by the representatives of the child victim against the convicted person for the damages beyond the amount of compensation paid under the order.
(8)
Every order made by the court under this section shall be appealable to the High Court.
Provisions as to payment of compensation