How does the review balance victim justice and offender rehabilitation?

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Review of Section 97 of Child Act 2001 Aims to Balance Justice, Public Safety, and Rehabilitation

The Malaysian government is undertaking a review of Section 97 of the Child Act 2001 (Act 611) to establish a more balanced approach concerning victims, public safety, and the rehabilitation of child offenders. This review, conducted by a special committee formed after the abolition of the mandatory death penalty and life imprisonment in 2023, aims to introduce a clearer, fixed detention period for individuals convicted of offences committed as children. Currently, Section 97 mandates detention at the pleasure of the King or the Yang di-Pertua Negeri for those who were children at the time of their offence, a provision under which 40 individuals are detained.
Introduction of a Fixed Detention Period

A key component of the ongoing review is the introduction of a clearer, fixed detention period. This initiative stems from observations of individuals who have been held for extended durations without a defined end point. For instance, one individual interviewed had been detained for nearly 25 years, having entered the correctional system at the age of 17. The current provision, Section 97, stipulates that instead of the death penalty, offenders who were children at the time of the offence are to be detained at the pleasure of the King or the Yang di-Pertua Negeri.
Addressing Indefinite Detention

The review is particularly focused on addressing the challenges posed by indefinite detention. The government has engaged with inmates to understand their situations, highlighting cases like the individual detained for almost 25 years since the age of 17. This prolonged detention raises concerns about the individual's disconnect from society and the lack of clarity regarding their release or rehabilitation timeline. The current framework's reliance on detention at the pleasure of the King or the Yang di-Pertua Negeri has resulted in situations where individuals have spent decades incarcerated without a definitive period.
Commitment to Balancing Multiple Interests

The government has expressed a commitment to ensuring that any amendments to Section 97 will strike a balance between the interests of justice, public safety, and the welfare of children. This undertaking is being conducted in line with Malaysia's human rights obligations. While the review aims to achieve this equilibrium, specific details on how victim justice and offender rehabilitation will be precisely weighed against each other, or how this aligns with international commitments such as the Convention on the Rights of the Child, are not elaborated upon in the current information.

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How does the review balance victim justice and offender rehabilitation?

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