The Right of Child Offenders to Fair Trial For Offences Punishable By Death Penalty

Abstract

Section 11(5) of the Child Act 2001 provides that the jurisdiction of the Court For Children is to try all types of offenses committed by children except for offenses punishable by the death penalty. Therefore, when a child commits an offense for which the punishment is the death penalty, the child should be tried in the High Court. This research was carried out to determine the legal definitions of children, accused, and child offenders. Following that, this research examines the rights of child offenders according to international human rights law and Malaysian law. The author will also examine the pertinent cases. The author collects data using the library research approach. This research focuses on several rights of child offenders, namely the right to bail, the right to be detained separately from adults, the right to a closed trial, and the right to a fair sentence. Trial at the High Court is conducted by a judge, whereas in the Court For Children, a judge will be aided by two advisers, one of the advisers shall be a woman. These differences may result in injustice to child offenders during trial in the High Court. Therefore, amendments to the Child Act 2001 should be made to preserve the rights of child offenders of offenses punishable by death.