My teenager has been arrested in Malaysia — what happens under the Child Act?

A phone call saying your child has been arrested is every parent's fear. The law recognises that children are different from adults, and the Child Act 2001 sets out special procedures to protect them while the case is dealt with. This guide walks parents through the main stages.

Who is a "child"?

Under the Child Act 2001, a child is a person under the age of 18. For criminal matters, the Act's special procedures apply to children who are arrested or charged.

What happens on arrest?

• Parents must be informed. When a child is arrested, the police must inform the child's parent or guardian, and a probation officer, as soon as possible.
• Separate custody. Children in police custody should be kept separate from adult detainees.
• Being brought to court. As with adults, a child must be brought before a court without unreasonable delay, and the usual remand rules apply with the Child Act's safeguards.
• Release on bail. The Act allows a child to be released on bail, often to a parent or guardian, unless the offence is very serious or release would not be in the child's interest.

Ask the police which station your child is at, the investigating officer's name and the offence, and contact a lawyer.

Have a question about your own situation? Ask on WhatsApp

What is the Court for Children?

Most charges against children are heard by the Court for Children, a Magistrates' Court sitting with advisers, as provided in the Act. Proceedings are held separately from adult courts, and the public is not generally admitted.

Some very serious offences may be dealt with in the High Court, but the Child Act's protections, including privacy, continue to matter.

What is the probation officer's report?

Before the court decides how to deal with a child found guilty, a probation officer (a social welfare officer) prepares a report on the child's background, family, schooling, behaviour and needs. Parents should cooperate fully and provide school records, character letters and information about any health or learning issues.

What orders can the court make?

The Child Act gives the Court for Children a range of options, which can include:

• admonishing and discharging the child;
• releasing the child on a bond of good behaviour, with or without conditions;
• placing the child in the care of a relative or another fit person;
• ordering parents or guardians to execute a bond for the child's good behaviour;
• probation, community service or other supervision;
• placement in an approved school or similar institution in more serious cases.

The court focuses on the child's welfare and rehabilitation, as well as the seriousness of the offence.

What privacy protections apply?

The Act restricts publishing information that could identify a child involved in proceedings, including name, address, school and photographs. Parents should not post about the case on social media, and should ask others not to.

Common mistakes: letting the child give a detailed statement before speaking to a lawyer, not attending court with the child, posting online, and not preparing school and character information for the probation officer.

When to speak to a lawyer

As soon as you learn of the arrest. A lawyer can attend the remand hearing, apply for bail and help prepare for the probation report. You can contact us; every case depends on its facts.

Frequently asked questions

Can I be with my child during police questioning?

Ask the police. The Child Act requires parents to be informed, and a lawyer can advise on the child's rights and the presence of a parent or guardian.

Will my child have a criminal record?

The Court for Children uses different terms and orders, but some outcomes can still be recorded. Ask your lawyer about the effect of any order (see criminal records).

Do I have to attend court?

Parents or guardians are generally required to attend proceedings involving their child. Bring identity documents and school records.

What if my child is 17 and turns 18 during the case?

Age at the relevant time can affect procedure. Tell your lawyer the child's exact date of birth.

Can the school find out?

The Act restricts publication, but schools may learn of the case in other ways, such as attendance. Discuss with your lawyer how to handle communication with the school.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Child Act 2001 (Act 611), AGC Laws of Malaysia
2. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
3. Department of Social Welfare Malaysia (Jabatan Kebajikan Masyarakat)

Fact-checked on 17 Oct 2026