Malaysia legislation
Section 69
Section 69
New Chapter 3a of Part X
Part X of the principal Act is amended by inserting after section 97 the following Chapter:
“Chapter 3a
COMMUNITY SERVICE ORDER
Community service order 97a. (1) If a Court For Children by or before which a child is found guilty of an offence, is of the opinion that it is appropriate to do so, the Court For Children may make an order requiring the child to perform community service not exceeding one hundred twenty hours in aggregate within the period not exceeding six months, at such time and place as may be specified by the Court For Children.
(2)
During the period of community service order, the child—
(a)
shall submit to the supervision of a Social Welfare
Officer;
(b)
shall perform the community service for the number of hours in aggregate imposed on him by the Court
For Children within the period not exceeding six months;
(c)
shall not commit any offence; and
(d)
shall comply with such other requirements, as the
Court For Children having regard to the circumstances of the case considers necessary including any one or more of the following:
(i)
that the child shall attend interactive workshops organized at designated centres established for such purpose;
(ii)
if the child is in an educational institution, that the child shall attend the institution; or
(iii)
that the child shall attend counselling sessions conducted by a counsellor.
(3)
If the Court For Children makes a community service order under subsection (1), the Court For Children shall—
(a)
consider the recommendations and views of a probation officer as to the suitability of the community service to be performed by the child;
(b)
explain to the child in simple language, suitable to his age, maturity and understanding—
(i)
the effect of the order; and
(ii)
that failure to comply with any requirement of the order is an offence; and
Child (Amendment)
(c)
give a copy of the order to—
(i)
the parent or guardian of the child;
(ii)
the child;
(iii)
the probation officer; and
(iv)
except if it is itself the Supervising Court, the
Court For Children for the district or area named in the order in which the child is required to perform the community service.
Failure to comply with community service order 97b. (1) If 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—
(a)
a summons requiring the child to appear at the place and time specified in the summons; or
(b)
a warrant for his arrest.
(2)
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
(3)
A summons or warrant issued under this section shall direct the child to appear or be brought before the Supervising
Court.
(4)
A child when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)—
(a)
be detained in a place of detention; or
(b)
be released on bail, with or without sureties, until such time as he can be brought before the Supervising
Court.
(5)
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—
(a)
impose on him a fine not exceeding five thousand ringgit;
(b)
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
(c)
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.
(6)
A fine imposed under this section for failing to comply with any of the requirements of a community service order shall be—
(a)
deemed for the purpose of any written law to be a sum adjudged to be paid on a conviction; and
(b)
taken into account in making any subsequent order upon the child under this section or section 97c.
(7)
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.
Child (Amendment)
(8)
A child who fails to comply with paragraph 97a(2)(c)
shall be dealt with under section 97c.
Commission of further offence 97c. (1) If it appears to a Supervising Court that—
(a)
a child has been found guilty by a Court of an offence committed during the period of the community service order; and
(b)
the child has been dealt with in respect of that offence, the Supervising Court may issue—
(aa) a summons requiring the child to appear at the place and time specified in the summons; or
(bb) a warrant for his arrest.
(2)
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
(3)
A summons or warrant issued under this section shall direct the child to appear or to be brought before the
Supervising Court.
(4)
If it is proved to the satisfaction of the Supervising
Court that a child in whose case the order was made has been found guilty and dealt with in respect of an offence committed during the period of community service order, the
Court may deal with him for the offence for which the order was made in any manner in which the Court could deal with him if the Court had found him guilty of that offence.
Effects of community service order 97d. (1) The finding of guilt for an offence for which an order is made under this Chapter requiring the child to perform community service shall be deemed not to be a conviction for any purpose other than for the purposes of—
(a)
the proceedings in which the order is made; and
(b)
any subsequent proceedings which may be taken against a child under this Chapter.
(2)
Subsection (1) shall not affect—
(a)
the right of any such child—
(i)
to appeal against a finding of guilt; or
(ii)
to rely on a finding of guilt in bar of any subsequent proceedings for the same offence;
or
(b)
the revesting or restoration of any property in consequence of the finding of guilt of any such child.
Amendment of community service order 97e. (1) If the Supervising Court is satisfied that a child proposes to change or has changed his residence from the district or area named in the community service order to another district or area, the Court may, and if an application on that behalf is made by the probation officer, shall, by order amend the community service order by substituting for the district or area named therein the district or area where the child proposes to reside or is residing.
(2)
If the community service order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the child continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection
(4)
.
Child (Amendment)
(3)
If a community service order is amended under subsection (1), the Supervising Court shall send to the
Court For Children for the new district or area named in the order a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to the Court For Children.
(4)
Without prejudice to subsections (1) and (3), the
Supervising Court may, on an application made by the probation officer or by the child, by order amend the community service order by—
(a)
revoking any of the requirements in the community service order; or
(b)
inserting in the community service order, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if the order were then being made by the
Court in accordance with section 97a.
(5)
The Supervising Court shall not amend a community service order under subsection (4) by—
(a)
reducing the period of the community service order;
or
(b)
extending that period such that the community service period becomes more than six months.
Court to give copies of amending community service order to probation officer 97f. On the making of an order amending a community service order under section 97e—
(a)
the Court shall immediately give sufficient copies of the amending order to the probation officer; and
(b)
the probation officer shall give a copy of the amending order to—
(i)
the child; and
(ii)
the Social Welfare Officer.”.
Amendment of section 106