Abstract
Preventive detention refers to the incarceration of an individual who has not yet been convicted, to prevent him from causing harm or endangering the community in some unspecified way. It can be seen as the deprivation of an individual’s liberty based on the belief that he may be a danger to others. The issue of preventive detention of children is very controversial and has attracted debate among various legal scholars. In Malaysia, provisions contained in specific statutes that aim to prevent terrorism or threats to national security have been invoked to justify the preventive detention of children. The practice and application of these statutory provisions on children have been subjected to various criticism. This paper aims to analyze current Malaysian laws pertaining to the preventive detention of children. It encompasses qualitative research of doctrinal and comparative nature. It will critically analyze legal issues in this area with reference to international standards and practices of other legal systems. The study concludes that the legal reform of the current Malaysian legal framework on this aspect is urgently needed to protect the rights and interests of children during the juvenile justice processes. Therefore, the study provides recommendations towards the improvement of the existing laws and policies on the preventive detention of children.
Highlights
Preventive detention refers to the detention of a person for an unspecific duration of time without trial
This article aims to analyze the preventive detention of children under Malaysian laws with reference to international standards as set by international instruments
The final part of this paper proposes recommendations towards the improvement of the current Malaysian juvenile justice system with regards to this controversial area of law
Summary
Preventive detention refers to the detention of a person for an unspecific duration of time without trial. This article aims to analyze the preventive detention of children under Malaysian laws with reference to international standards as set by international instruments. A comparative method enables the authors to critically examine the consistency of Malaysian law with the international standards set out by international instruments, on the aspect of the preventive detention of children. The international standards laid down by these international instruments are very important as they serve as comprehensive guidelines towards the development of national legal frameworks on this particular area in all jurisdictions. These international instruments have outlined at least four main principles pertaining to the detention of children
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