Pre-trial Detention of Children : An Analysis of Malaysian Law with Reference to the International Standards

Mustaffa, Aminuddin and Ismail Nawang, Nazli (2016) Pre-trial Detention of Children : An Analysis of Malaysian Law with Reference to the International Standards. In: International Social Sciences and Tourism Research Conference, 20 - 22 April 2016, Universiti Sultan Zainal Abidin.

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Abstract

Pre-trial detention of any individual charged with crime is consistently viewed by many legal scholars as a controversial issue. This practice has been heavily criticized as it imposes legal punishment of a person not yet convicted of a crime. It deliberately amount to violation of a cardinal principle of criminal justice which maintain that a person in presumed innocent until proven guilty. In Malaysia, a growth in population of children detained at the pre-trial stage of criminal process has become a matter of great concern. This article will comparatively analyse Malaysian current law and practice on this particular area with reference to the international standards. In addition, this paper also will attempt to highlight any imprecision or shortcoming of the current Malaysian legal framework and propose possible suggestions for its improvement.

Item Type: Conference or Workshop Item (Paper)
Keywords: pre-trial detention, criminal law, child, Malaysian law, international standards
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: Mr Nazli Ismail
Date Deposited: 12 Jul 2016 04:52
Last Modified: 12 Jul 2016 04:52
URI: http://erep.unisza.edu.my/id/eprint/4780

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