Govt reviewing open-ended detention of child offenders

KUALA LUMPUR: Deputy law and institutional reform minister M Kulasegaran said a special committee is reviewing a provision under the Child Act 2001 that allows children convicted of offences punishable by death to be detained without a fixed prison term.

Under Section 97 of the Child Act, a child convicted of an offence otherwise punishable by death shall be detained at the pleasure of the Yang di-Pertuan Agong, the ruler or governor of the state where the offence was committed. This means the court does not impose a fixed prison sentence, such as 10 or 20 years.

Kulasegaran said the government was considering introducing clearer detention periods, annual reviews, and a stronger focus on rehabilitation and reintegration into society.

“The government takes the issue of children detained under Section 97 seriously, especially since there is currently no fixed detention period under the provision,” Kulasegaran told the Dewan Rakyat.

“I recently met a person in Sandakan who had been detained for almost 25 years. He was only 17 when he entered prison. He did not know what a handphone was, and he did not know what was happening outside (the prison).”

Kulasegaran said the review was necessary as the 2023 death penalty reforms had introduced clearer imprisonment terms for adult offenders, while child offenders under Section 97 could still be detained without a fixed release date.

He said 40 people are currently detained under Section 97, including three who have been held for between 20 and 25 years. Of the remaining 37 detainees, four have been detained for less than a year, 14 for one to five years, seven for five to 10 years, eight for 10 to 15 years, and four for 15 to 20 years.

Kulasegaran said the government had studied international child justice standards, including those set by the United Nations, which state that the detention of children should only be used as a measure of last resort and for the shortest appropriate period.

However, he said these standards did not prescribe a fixed maximum detention period, prompting the government to benchmark laws in about 25 countries, including the UK, Australia, India, Pakistan and Qatar.

Kulasegaran said most countries established maximum detention periods for child offenders to prevent prolonged detention, pointing out that child offenders in Indonesia and Bangladesh could only be jailed for up to 10 years for offences that would carry the death penalty or life imprisonment if committed by adults.

Kulasegaran was responding to S Kesavan (PH-Sungai Siput), who asked how many people remained detained under Section 97, the duration of their detention, and whether the government would amend the law to align with international child justice standards.

Kesavan also asked whether amending the law could create the perception that serious crimes committed by children were not being punished firmly.

Kulasegaran said this was one of the government’s challenges, particularly in cases involving murder or attempted murder, as it had to balance justice for victims, public safety and the rehabilitation of child offenders.

Suhakam previously called for Section 97 to be amended after the Federal Court in April declined to hear a challenge brought by seven former child offenders.