INTERROGATION OF CHILDREN UNDER MALAYSIAN LAWS: A CALL FOR LEGAL REFORM

Amınuddın Mustaffa et al.

doi:10.17762/pae.v58i2.2314

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Published: Feb 1, 2021

DOI: https://doi.org/10.17762/pae.v58i2.2314

Amınuddın Mustaffa et al.

Abstract

Interrogation is considered one of the critical stages of the juvenile justice process. This process allows the police to question and examine child suspects for the purpose of obtaining information, statement, and evidence for an alleged crime under which they are investigated. While this process undeniably an important aspect of the criminal process, it may turn out to be a stressful and frightening process for children, who are known for their unique incapacities and susceptibility. This paper aims to examine current Malaysian laws and practice on the interrogation of children. It will critically analyze relevant provisions of law as well as existing legal principles on this particular matter. It will also attempt to examine the adequacy of current Malaysian laws in safeguarding the rights and interests of children during the grueling and coerced interrogation process by the police. This article concludes with the recommendation for the reform of current Malaysian laws and practice on the interrogation of children.

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Vol. 58 No. 2 (2021): Volume 58 No. 2 (2021)

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