KUALA LUMPUR: The government is finalising the draft Children (Amendment) Bill 2026 for submission to the Cabinet for consideration, says M. Kulasegaran.
The Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) said the amendments aimed to improve Section 97 of the Child Act 2001 following the abolition of mandatory death sentences and life imprisonment in 2023 and seek to establish a more proportionate sentencing approach and eliminate indefinite imprisonment of juvenile offenders without a specified detention period.
Kulasegaran said that under the existing Subsection 97(2) of the Act, the court must order a child offender to be detained in prison at the pleasure of the King or the State Ruler, as applicable under the relevant laws, without specifying a maximum detention period.
"The government is committed to improving this legal framework to ensure a clearer and more proportionate sentencing approach that takes into account the principles of justice for children as well as public safety," he said when winding up the debate on the Supply (Budget) Bill 2027 at the committee stage for the Prime Minister's Department in the Dewan Rakyat on Monday (Nov 2).
He said a Special Committee to Review and Amend Section 97 of the Act had been established to examine proposed improvements to the provision, taking into account the principles of the best interests of the child, rehabilitation and reintegration, as well as international best practices.
Kulasegaran said the findings of the review had led to the Cabinet's agreement on Sept 30 to four policy decisions concerning the proposed amendments to Section 97 of the Act.
He said the proposed policy decisions were subsequently presented to the Conference of Rulers on Oct 14 for consideration and deliberation.
Meanwhile, on the proposal to establish a law drafting unit in Parliament, Kulasegaran said the move was progressive and in line with efforts to strengthen the independence and autonomy of the country's legislative institution.
"This matter merits consideration within the framework of implementing the Parliamentary Services Act 2025, subject to deliberation by the Parliamentary Service Council and the relevant staffing and legal requirements," he said.
He said the establishment of the unit would enable Parliament to develop its own legislative drafting expertise, particularly to assist Members of Parliament in preparing Private Members' Bills and proposed amendments to legislation without having to rely entirely on the drafting expertise of the Executive. – Bernama
