CHILDREN accused of committing serious crimes such as rape are still charged under the Penal Code, but the court proceedings and penalties differ significantly from those for adult offenders, according to lawyer Haniff Khatri Abdulla.
He said that although underage suspects are not exempt from prosecution, the trial must be conducted in the Juvenile Court, in accordance with the Child Act 2001.
“The charge is not affected by the age of the accused, but the trial must be held in the Mahkamah Kanak-Kanak (Children’s Court),” Haniff told Sinar Harian.
He explained that such proceedings are held behind closed doors and attended only by parties directly involved in the case.
“Only those necessary to the case – the child accused, the victim, parents, court officials and lawyers – may be present. The court sits with one magistrate and two advisers from the public, one of whom must be a woman,” he said.
Haniff also stressed that although reports on cases involving children may be made, it is illegal to publish any identifying information about either the accused or the victim.
“Even if a child is charged, they are not yet guilty. Until a finding of guilt is made, full legal protections must be afforded,” he added.
The treatment of juvenile offenders upon conviction also differs from that of adults. While an offence may carry a prison term, children are not sent to prison but instead referred to rehabilitative institutions.
“Even if the offence carries a custodial sentence, a child offender will not be sent to prison. Instead, they can be placed in a rehabilitation facility such as Henry Gurney School or similar institutions,” Haniff explained.
He also pointed out that legal terminology changes in these cases. Rather than using the term “conviction”, the appropriate phrase is “finding of guilt”.
“Such a finding doesn’t automatically result in a criminal record, depending on the type of order issued by the court,” he said.
The lawyer noted that while these findings are not for public disclosure, they are retained for use by enforcement agencies should the same individual reoffend in future cases. - October 15, 2025
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