Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards

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building INTELEK Repository
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collectionurl https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
date 2018-01-18 15:41:06
eventvenue Universitas Muhammadiyah Yogyakarta, Indonesia
format Restricted Document
id 6036
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originalfilename 0792-01-FH03-FUHA-18-15035.pdf
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resourceurl https://intelek.unisza.edu.my/intelek/pages/view.php?ref=6036
spelling 6036 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=6036 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Conference Conference Paper application/pdf 9 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in asus 2018-01-18 15:41:06 0792-01-FH03-FUHA-18-15035.pdf UniSZA Private Access Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards The right to a fair trial is a basic human right. One of the mechanisms used to safeguard to a fair trial is the right to counsel. The right to legal counsel is regarded as one of the most important and fundamental rights of any citizen. In the context of juvenile delinquency proceedings, assistance of counsel is essential to ensure children in conflict with the law get fair and just opportunity to challenge the criminal charge framed against them. This paper aims to examine the current Malaysian juvenile justice system on right of children to be represented in criminal proceedings in light of international standards. It will examine legal status and position of child representation at both pre-trial and trial stages of criminal proceedings under current Malaysian laws. It will also comparatively analyze to what extent current Malaysian laws on this aspect compatible with the standards set by the international instruments by analyzing statutory framework, court cases and legal practice. This study will attempt to identify loophole and imprecision of current Malaysian legal framework on child representation and accordingly provide possible recommendations that may be implemented towards domestication of international standards on this aspect into Malaysian juvenile justice system. International Conference On Shariah & Globalisation Universitas Muhammadiyah Yogyakarta, Indonesia
spellingShingle Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards
summary The right to a fair trial is a basic human right. One of the mechanisms used to safeguard to a fair trial is the right to counsel. The right to legal counsel is regarded as one of the most important and fundamental rights of any citizen. In the context of juvenile delinquency proceedings, assistance of counsel is essential to ensure children in conflict with the law get fair and just opportunity to challenge the criminal charge framed against them. This paper aims to examine the current Malaysian juvenile justice system on right of children to be represented in criminal proceedings in light of international standards. It will examine legal status and position of child representation at both pre-trial and trial stages of criminal proceedings under current Malaysian laws. It will also comparatively analyze to what extent current Malaysian laws on this aspect compatible with the standards set by the international instruments by analyzing statutory framework, court cases and legal practice. This study will attempt to identify loophole and imprecision of current Malaysian legal framework on child representation and accordingly provide possible recommendations that may be implemented towards domestication of international standards on this aspect into Malaysian juvenile justice system.
title Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards
title_full Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards
title_fullStr Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards
title_full_unstemmed Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards
title_short Child Representation in Criminal Proceedings; Comparative Study between Malaysian Legal Framework and International Standards
title_sort child representation in criminal proceedings; comparative study between malaysian legal framework and international standards