Child Act 2001 · Updated to 1 Jul 2023 · Part X · Criminal Procedure in Court for Children
Section 97b
Feedback & supportIf at any time during the period of community service order it appears to a Supervising Court that a child has failed to comply with any of the requirements of the community service order under paragraph 97a(2)(a), (b) or (d), the Supervising Court may issue—
community service order
“community service order” means an order requiring a child to perform community service under section 97a;
a summons requiring the child to appear at the place and time specified in the summons; or
place
“place” includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;
a warrant for his arrest.
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
probation officer
“probation officer” means a probation officer appointed under section 10;
A summons or warrant issued under this section shall direct the child to appear or be brought before the Supervising Court.
Supervising Court
“Supervising Court” means the Court For Children for the district or area in which a child is required— (a) to reside under a probation order; (b) to perform community service under a community service order; or (c) to be placed or detained under any other order made under this Act; Child 17
A child when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)—
be detained in a place of detention; or
be released on bail, with or without sureties, until such time as he can be brought before the Supervising Court.
If it is proved to the satisfaction of the Supervising Court that a child has failed to comply with any of the requirements of the community service order under paragraph 97a(2)(a), (b)
or (d), the Court may, without prejudice to the continuance of the community service order—
Court
“Court” means the Court For Children or any other Court, as the case may require;
impose on him a fine not exceeding five thousand ringgit;
deal with the child for the offence in respect of which the community service order was made in any manner in which the Court could deal with him if the Court had found him guilty of that offence; or
in the case of a child who has not performed the community service for the full hours in aggregate imposed on him, order him to perform the community service for the unexpired residue of hours in aggregate under the order originally issued by the Court For Children for such period not exceeding six months from the date of the order made under this paragraph.
A fine imposed under this section for failing to comply with any of the requirements of a community service order shall be—
deemed for the purpose of any written law to be a sum adjudged to be paid on a conviction; and
taken into account in making any subsequent order upon the child under this section or section 97c.
For the purposes of paragraph (6)(a), “a sum adjudged to be paid on a conviction” includes any costs, damages or compensation adjudged to be paid on a conviction of which the amount is ascertained by the conviction.
A child who fails to comply with paragraph 97a(2)(c) shall be dealt with under section 97c.
Commission of further offence