| Summary: | Preventive detention is a detention order directed by the minister with a
view to prevent a person from acting in any manner prejudicial to public
order or because it is necessary for the suppression of violence or the
prevention of crimes involving violence. When a person is detained under
the laws of preventive detention, his/her right to be heard is deprived. That
is why this kind of detention is also called a detention without trial. Any
person, including a child is subjected to these laws if he or she goes beyond
them. Even though there is a special Act namely, the Child Act 2001, it is
not applicable in cases involving a child offender who is detained under the
laws of preventive detention. Therefore, this paper discusses the reasons
behind the judgment of the judges as to why the Child Act 2001 is not applicable
in child offender cases. At the end of the discussion, the writers
provide suggestions for the need of the applicability of the Child Act 2001
in child offender case.
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