THE IMPORTANCE OF PROBATION REPORTS IN DETERMINING EFFECTIVE REHABILITATION ORDERS UNDER THE MALAYSIAN CHILD ACT 2001: A CRITICAL ANALYSIS

Abstract

Children who come into conflict with the law often do so due to unfavourable social environments, and exposure to the harsh criminal justice system can have long-term detrimental effects. Recognising that institutionalisation is not always the best solution, modern legal frameworks emphasise rehabilitation over punishment, aligning with the best interests of the child. Previous research argues that due to their immaturity and inability to distinguish right from wrong, society should give children a chance to be rehabilitated so that they can become good citizens. However, it is crucial not to send the wrong message to the community, suggesting that children will be treated leniently for criminal behaviour. Courts must therefore carefully determine when a child offender should be placed in a correctional institution and when community-based rehabilitation is more appropriate. In this article, the authors will examine the significance of probation reports in assisting the court in determining an appropriate order for child offenders. This study evaluates how probation reports influence sentencing decisions through an analysis of relevant case law and a comparative review of legal approaches in jurisdictions such as the United Kingdom and Australia. To achieve the objectives set for this article, the authors have adopted a qualitative approach. This involves analysing relevant texts and case law in Malaysia, as well as comparing practices in the United Kingdom and Singapore to identify best practices and common challenges. This article provides a critical analysis of the legal aspects, offering insightful perspectives on efforts to ensure that orders issued by the Court For Children, with valuable input from probation reports, are suitable for the rehabilitation of child offenders.