3.  Pursuant to the Child Act 2001
 Formerly “Juvenile Court” – now abolished.
 Deals with criminal offences created by a
child.

4.  S 82 Penal Code
 “Nothing is an offence which is done by a child
under ten years of age.”
 S 83 Penal Code
 “Nothing is an offence which is done by a child
above ten years of age and under twelve, who
has not attained sufficient maturity of
understanding to judge of the nature and
consequence of his conduct on that occasion.”

5.  S 113 EvidenceAct
 “It shall be an irrebuttable presumption of
law that a boy under the age of thirteen years
is incapable of committing rape”.

6.  “Child” : a person under the age of eighteen
years. (S 2 Child Act)
 Offence committed by a child will be tried in
the Court for Children.
 A Court for Children shall have jurisdiction to
try all offences except offences punishable
with death. (S 11(5) Child Act)

10.  Child committed murder.
 He was convicted and ordered to be detained
during the pleasure of theYang di-Pertuan
Agong pursuant to s. 97(2) of the Child Act 2001.
 He appealed to the Court of Appeal.
 The Court of Appeal upheld the conviction but
set aside the sentence imposed on him and
released him from custody on the sole ground
that s. 97(2) of the Child Act was
unconstitutional.

11.  By s. 97(2) of the Child Act, Parliament had
consigned the power to determine the
measure of the sentence that was to be
served to theYang di-PertuanAgong.
 s. 97(2) of the Child Act contravenes the
doctrine of separation of powers housed in
the Constitution by consigning to the
Executive the judicial power to determine the
measure of the sentence to be served by the
appellant.

12.  Federal Court:
 Not unconstitutional.
 S 97(2) empowers the court to make an
alternative order in a different form.
 It is still the court that makes the order
consequential to its conviction order.

13.  S 12
 (1) a Court for Children shall, if practicable, sit—
 (a) either in a different building or room from that in which
sittings of Courts other than Courts forChildren are held;
or
 (b) on different days from those on which sittings of those
other Courts are held.
 (2) if a Court for Children sits in the same building as
other Courts, the Court for Children shall have a
different entrance and exit from those of the other
Courts to enable children to be brought to and from
the Court for Children with privacy.

14.  (3) no person shall be present at any sitting of
a Court for Children except—
 (a) members and officers of the Court;
 (b) the children who are parties to the case before
the Court, their parents, guardians, advocates
and witnesses, and other persons directly
concerned in that case; and
 (c) such other responsible persons as may be
determined by the Court.

15.  S 15
 shall not reveal the name, address or
educational institution, or include any
particulars calculated to lead to the
identification of any child so concerned.
 Picture shall not be published in any
newspaper or magazine or transmitted
through any electronic medium.

17.  Established under the Consumer Protection
Act 1999
 The Primary Objective Of EstablishingThe
Tribunal IsTo Provide An Alternative Forum
For ConsumersTo File Claims In A Simple,
InexpensiveAnd Speedy Manner.
 S 2 ‘consumer’: a person who acquires or
uses goods or services…for personal,
domestic or household purposes…

18.  Consists of the following members who shall
be appointed by the Minister:
 Chairman, Deputy Chairman from among
members of the Judicial and Legal Service
 Not less than 5 members of the Judicial and
Legal Service
 Shall hold office for a term not exceeding 3
years- shall be reappointed but not more
than 3 consecutive terms

19.  The court shall be presided by any of the
following persons sitting alone:
 Chairman of theTribunal
 Deputy Chairman
 Any member of theTribunal selected by the
Chairman

20.  S 98 & 99
 Amount of claim does not exceed RM 25 000
 Cause of action accrues within 3 years of the
claim
 Claim must not involve, among others:
 Recovery of land or interest in land
 Will & goodwill
 Intellectual property
 Personal injury or death

21.  A consumer may lodge a claim in the prescribed
form
 Pay the prescribed fee for filing the form
 The Secretary to theTribunal shall give notice of
the date and place of hearing
 Tribunal may assists the parties to negotiate an
agreed settlement
 Where the parties reach an agreed settlement,
theTribunal shall approve and record the
settlement
 If no settlement, theTribunal shall proceed to
determine the dispute

22.  Every party shall be entitled to attend and be
heard
 No advocate and solicitor
 Open to the public
 After both sides have presented their case,
theTribunal shall make its award without
delay (within 60 days from the first day of
hearing).
 Decision is final.

24.  Established under the Industrial RelationsAct
1967
 Jurisdiction on matters relating to trade
disputes and dismissal of a workman.
 “trade dispute”: any dispute between
employer and workmen which is connected
with employment or the terms of
employment or the conditions of work of any
such workmen.

25.  Headed by a President appointed byYDPA
 And a panel of persons appointed by the
Minister (of Human Resources).

26.  A workman who has been dismissed must make
a representation in writing to the Director
General of Industrial Relations to be reinstated
to his former employment within 60 days of his
dismissal.The Director General of Industrial
Relations will try to resolve the matter through
conciliation between the parties. If conciliation
fails , the Director General of Industrial Relations
will refer the matter to the Minister, who may, if
he thinks fit, refer the matter to the Industrial
Court for a decisionee

27.  For dismissal cases, the case is heard by the
President or Chairman sitting alone. For trade
disputes, the case is heard by a panel
comprising of the President / Chairman, an
employer’s representive and an employee’s
representative.

28.  Decision is known as an award.
 May consider non-legal matters in
pronouncing the award.
 Award is final and conclusive

30.  Was set up in 1993.
 Before this amendment was made, no
proceeding can be brought in any court
against the Yang di-Pertuan Agong or the
Ruler of a State in his personal capacity.
 Rulers were immune.

32.  A183 FC
 No action, civil or criminal, shall be instituted
against theYDPA or the Ruler of a State in
respect of anything done or omitted to be
done by him in his personal capacity