Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Investigation Process of Children under Malaysian Juvenile Justice; To Arrest or not to Arrest?

Author(s): Aminuddin Mustaffa, Norshamimi Mohd Mazlan

An arrest is one of the most controversial issues in the juvenile justice system. In general, the law allows police officers to detain children suspected of committing crimes for the purpose of investigation. While the arrest process is unquestionably intended to ensure public order and justice, it may cause severe stigma and traumatic experiences for children known for their physical, mental, psychological, and emotional sensitivity. This article aims to analyze the existing Malaysian juvenile justice system relating to the arrest of children, with reference to international standards set by international instruments. It encompasses qualitative research of doctrinal and comparative nature. The paper attempts to highlight the inadequacies of current Malaysian laws in addressing the issues of the arrest of children. It will also highlight inconsistencies of Malaysian laws with the international standards., the paper provides recommendations for prospective legal reform on the aspect of arrest and detention of children.

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