Criminal law reforms must include diversion measures for children in conflict with the law — Hafiz Hassan
According to the report, the Criminal Law Reform Committee (CLRC) has identified several 'quick-win' reforms that can be implemented in the short term to deliver immediate benefits to the public.
The CLRC, established on March 24, is tasked with a comprehensive review of the Penal Code (Act 574), Criminal Procedure Code (Act 593) and Evidence Act 1950 (Act 56).
'In line with the Madani Government's vision, reforms to Acts 574, 593 and 56 aim to ensure our criminal justice system remains relevant and meets the needs of modern society,' she said at a Ministerial Briefing on efforts to reform criminal law in Malaysia at the Dewan Rakyat's Special Chambers on Tuesday (August 12).
If such is the aim of the review, then the call by the Human Rights Commission of Malaysia (Suhakam) on the government to implement a formal diversion policy for children in conflict with the law should be part of the review.
In 'Government must act on Suhakam's call without delay' I called on the government to not sit further on diversion.
The values and philosophy expressed in the international conventions referred to in my writing have already transformed practice and procedures in many parts of the world.
Diversion measures, as well as the insistence on rights and safeguards of children in conflict with the law, have long signalled, and led to, a different approach to the treatment of young people.
Of late, we are reading more and more reports of children in conflict with the law.
On Wednesday, two 13-year-old girls reportedly pleaded not guilty in the Magistrate's Court – it should be the Court for Children – to two charges of assault and wrongfully confining a schoolmate last month.
Of late, we are reading more and more reports of children in conflict with the law. — Picture by Ahmad Zamzahuri
The first charge is under Section 323 of the Penal Code, which carries a maximum jail term of one year, a fine of up to RM2,000, or both, upon conviction.
The second is under Section 342 of the Penal Code, which carries a maximum imprisonment term of one year, a fine of up to RM2,000, or both, upon conviction.
In a separate case before the same court, two 15-year-old boys pleaded guilty to voluntarily causing hurt to a 16-year-old boy last month, an offence under Section 323 of the Penal Code.
The above cases involve children. Under Section 11 of the Child Act 2001 (Act 611), the court for the purpose of hearing, determining or disposing of any charge against a child shall be known as the Court for Children (the Court). The Court consists of a Magistrate, assisted by two advisers, but the Court is not a Magistrate Court.
Part IV of the Child Act makes further provisions (Sections 12 – 16) on the Court. These include restrictions on media reporting and publication (Section 15).
Media reporting regarding, among others, any child in respect of whom any offence under any written law has been or is suspected to have been committed must not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child so concerned either as being the person against or in respect of whom action is taken or as being a witness to the action. (Emphasis added)
A picture of the child or any other person, place or thing which may lead to the identification of any child so concerned must also not be published in any newspaper or transmitted through any electronic medium. (Emphasis added)
An offence is committed if any of the above is contravened which carries a punishment of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding five years or to both.
Let's hear from the Minister on media reporting of children in conflict with the law and on a comprehensive review of the criminal justice system that includes diversion measures for such children.
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