Child Act 2001 · Updated to 1 Jul 2023 · Part X · Criminal Procedure in Court for Children
97. Sentence of death
Feedback & supportA sentence of death shall not be pronounced or recorded against a person convicted of an offence if it appears to the Court that at the time when the offence was committed he was a child.
Court
“Court” means the Court For Children or any other Court, as the case may require;
In lieu of a sentence of death, the Court shall order a person convicted of an offence to be detained in a prison during the pleasure of—
the Yang di-Pertuan Agong if the offence was committed in the Federal Territory of Kuala Lumpur or the Federal
Territory of Labuan; or
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the Ruler or the Yang di-Pertua Negeri, if the offence was committed in the State.
If the Court makes an order under subsection (2), that person shall, notwithstanding anything in this Act—
be liable to be detained in such prison and under such conditions as the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri may direct; and
while so detained, be deemed to be in lawful custody.
If a person is ordered to be detained at a prison under subsection (2), the Board of Visiting Justices for that prison—
Board of Visiting Justices
“Board of Visiting Justices” means the Board of Visiting Justices appointed under section 64 of the Prison Act 1995;
shall review that person’s case at least once a year; and
may recommend to the Yang di-Pertuan Agong or the
Ruler or the Yang di-Pertua Negeri on the early release or further detention of that person, and the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri may thereupon order him to be released or further detained, as the case may be.
Chapter 3a
COMMUNITY SERVICE ORDER
Community service order