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Section 39

Removal of a child to place of refuge

of Juvenile Courts Act 1947

ActRepealedProvision 46 of 154
Section 39
(1)

Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child to be removed immediately to a place of refuge and the child shall be temporarily placed in such place of refuge.

(1A)

If the person ordered under subsection (1) fails to comply within twenty-four hours with the order made under that subsection, the Protector or police officer may remove the child and temporarily place the child in a place of refuge.

(2)

Every child who is temporarily placed under subsections (1)

and (1A) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.

(3)

If it is not possible to bring a child before a Court For Children within the time specified in subsection (2), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For

Children.

(4)

If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children may order for the child to be placed in a place of refuge until an order is made by the Court under section 40.

(5)

If the Court For Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court For

66 Laws of Malaysia ACT 611

Children shall order the child to be returned to the care and custody of his parent or guardian.