Section 45
of Children and Young Persons Act
Section 45
(1)
Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder, attempted murder or of voluntarily causing grievous hurt, and the court considers that none of the other methods by which the case may legally be dealt with is suitable, it may sentence him to be detained during His Majesty the Sultan and Yang
Di-Pertuan’s pleasure.
(2)
Where a sentence has been passed under subsection (1), the child or young person shall during that period, notwithstanding any other provision of this Act, be liable to be detained in such place and on such conditions as His Majesty the Sultan and Yang Di-Pertuan may direct, and whilst so detained shall be deemed to be in legal custody.
(3)
Any person so detained may, at any time, be released by His
Majesty the Sultan and Yang Di-Pertuan on licence which may be in such form and contain such conditions as His Majesty the Sultan and Yang
Di-Pertuan may direct and may at any time be revoked or varied by His
Majesty the Sultan and Yang Di-Pertuan.
(4)
Where a licence has been revoked, the person to whom the licence relates shall return to such place as His Majesty the Sultan and Yang
Di-Pertuan may direct, and if he fails to do so he may be apprehended without warrant and taken to that place but without prejudice to the power to release him on licence again.
(5)
Subject to the powers of His Majesty the Sultan and Yang
Di-Pertuan under this Act and any other written law, if a person is ordered to be detained under subsection (2), the Board of Visiting Justices for the prison or the board of visitors for any other place —
(a)
shall review that person’s case at least once a year; and
(b)
may recommend to His Majesty the Sultan and Yang
Di-Pertuan on the early release or further detention of that person, and His Majesty the Sultan and Yang Di-Pertuan may thereupon order him to be released or further detained, as the case may be.
Children and Young Persons
B.L.R.O. 6/2012 35
Power to order guardian to pay fine etc. instead of child or young person.