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Chapter · Temporary Custody and Medical Examination and Treatment

18. Taking a child into temporary custody

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(1)

Any Protector, Assistant Protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the Protector, Assistant Protector or police officer is satisfied that—

(a)

the taking of proceedings in relation to the child is undesirable in the best interests of the child; or

(b)

the proceedings are about to be taken by some other person.

(2)

A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.

(3)

An Assistant Protector or police officer who takes a child into temporary custody under this section shall—

(a)

immediately upon such taking, notify the Protector of such taking and cause the parent or guardian of the child to be notified of such taking; and

(b)

within twelve hours after such taking, bring the child before a Protector.

(4)

If a child who is taken into temporary custody under this section escapes or is removed without lawful authority, the Protector shall inquire into the circumstances of the case and notify the parent or guardian of the child of such escape or removal.

(5)

Any child who is taken into temporary custody under this section who escapes or is removed without lawful authority may be arrested without a warrant by a Protector, Assistant Protector or police officer.

(6)

If the child is arrested by a Protector, the child shall be brought before the Court For Children by the Protector in accordance with section 19.

(7)

If the child is arrested by an Assistant Protector or a police officer, the child shall be immediately brought before a

Protector who shall bring the child before the Court For Children in accordance with section 19.

(8)

Any person who—

(a)

removes a child from temporary custody under subsection (1) without lawful authority;

(b)

knowingly assists or induces, directly or indirectly, a child to escape from the temporary custody under subsection (1); or

(c)

knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the temporary custody under subsection (1), commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Report

Chapter

Offences in Relation to the Health and Welfare of Children

Chapter

Notification on Taking a Child Into Care, Custody or Control

Part VI

Children in Need of Protection and Rehabilitation

Part VII

Beyond Control

Part VIII

Trafficking in and Abduction of Children

Part IX

Institutions

Chapter 5

Chapter

Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools

Chapter 7

Part X

Criminal Procedure in Court for Children

Part XI

In the Care of Fit and Proper Person

Part XII

Contribution Orders

Part XIII

Part XIV

Part XV

Savings and Transitional Provisions

Schedules