Malaysia

Child offenders tried under different legal process but still face criminal charges, lawyer clarifies

Minors accused of serious crimes such as rape are prosecuted under the Penal Code, but face closed-door proceedings and rehabilitative sentencing

Updated 10 months ago · Published on 15 Oct 2025 11:15AM

Child offenders tried under different legal process but still face criminal charges, lawyer clarifies
Haniff says although underage suspects are not exempt from prosecution, the trial must be conducted in the Juvenile Court, in accordance with the Child Act 2001 - October 15, 2025

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

Spotlight

Opinion

“I’m not a war criminal, I’m a patriot”: Shavendra Silva’s amnesia tour meets the receipts

By Abbi Kanthasamy

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Doctor among five killed in Sarawak Flying Doctor helicopter crash identified

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

Malaysia

Undang Yang Empat produces letter allegedly confirming Tuanku Muhriz’s removal

Malaysia

Northern Malaysia must prepare for the consequences of lower rainfall

Malaysia

Helicopter crashes during flying doctor service mission in Sarawak

You may be interested

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Malaysia targets up to 1.2% points in annual GDP growth from AI

Malaysia

Najib house arrest bid may be decided on Sept 11

Malaysia

Mother and two sons die after being trapped in Kluang house fire

Malaysia

Northern Malaysia must prepare for the consequences of lower rainfall

Malaysia

No one forced Azeez to wear lock-up attire, handcuffs, says MACC

Malaysia

Lawyer denies Abdul Azeez chose to appear in lock-up uniform, handcuffs

Malaysia

Helicopter crashes during flying doctor service mission in Sarawak