The Juvenile Justice System in Malaysia

Tagline

Navigating Juvenile Justice: Protecting Rights, Shaping Futures

Quote from Foreword

“This book captures significant provisions of law and major legal issues under the Child Act 2001 and the Criminal Procedure Code, including the elements of arrest of child offenders, access to parents and guardians, remand procedure and specific powers of the Court for Children in the juvenile justice system.”

— From the Foreword by Salim Bashir

Past President of the Malaysia Bar

As Malaysia continues to strengthen its approach to juvenile justice, understanding the legal framework that governs child offenders has never been more important. The Juvenile Justice System in Malaysia provides a thorough analysis of the Child Act 2001 and its amendments, judicial decisions, and international legal standards that shape the administration of justice for children.

More than a study of legislation, this book highlights why legal protection for child offenders matters at every stage of the justice process. It examines how the law safeguards children from arrest and investigation through trial, sentencing and rehabilitation, recognising that young offenders require a justice system that balances accountability with their rights, welfare and potential for reintegration into society.

The book traces the development of Malaysia’s juvenile justice system, exploring significant legal reforms, procedural safeguards and the distinctive role of the Court for Children. It addresses critical issues such as arrest procedures, access to parents and guardians, remand, investigation processes, trial procedures and post-trial orders, providing readers with a practical understanding of how the system operates in practice.

Drawing on the Convention on the Rights of the Child (CRC), international standards and ASEAN legal frameworks, the author also examines how global best practices can inform and strengthen Malaysia’s approach to juvenile justice. By identifying gaps, connecting legislative developments and proposing future directions for reform, the book contributes meaningfully to ongoing discussions on creating a more effective, humane and child-centred justice system.

For a practical perspective, the book also includes relevant court forms prescribed under the Child (Prescribed Forms and Register) Regulations 2007, enabling readers to gain a clearer understanding of the procedures and documentation used in proceedings involving child offenders.

Written as both a practical guide and an academic resource, this book is an invaluable reference for judges, magistrates, legal practitioners, prosecutors, academics, law enforcement officers, social welfare professionals, students and anyone seeking a deeper understanding of the legal protection afforded to child offenders and the future of juvenile justice in Malaysia.

KEY FEATURES

• Comprehensive analysis of the Malaysian juvenile justice laws.
• Coverage of the entire juvenile justice process.
• International and regional perspectives.
• Practical and authoritative reference.
• Valuable practical perspectives from an author experienced in juvenile justice.

Tagline

The authoritative commentary on Malaysia’s arbitration statute

Endorsements

“I am confident that this book, dealing with one of Malaysia’s most significant procedural statutes, will serve as a great reference for judges, practitioners and academics.”

Tun Tengku Maimun Tuan Mat | Former Chief Justice of Malaysia

“There are books one reads, and there are books one keeps within arm’s reach. For those of us who have spent any part of our judicial or professional lives engaged with arbitration in Malaysia, the writings of Datuk Professor Sundra Rajoo have long belonged to the second category.”

Tan Sri Datuk Nallini Pathmanathan | Former Judge, Federal Court of Malaysia; Fellow, Chartered Institute of Arbitrators

“To remain useful to both the Bench and the Bar, a commentary must be accurate, balanced, practical, and concise. This Second Edition succeeds in meeting those demands.”

Datuk Seri Mohd Firuz Jaffril | Judge, Court of Appeal of Malaysia

“Having reviewed this edition, we are confident that it will become a flagship contribution, consulted not merely for ready answers, but for deep insight.”

Professor Janet Walker CM, Osgoode Hall and Professor Doug Jones AO | International arbitrators; Members of the AIAC Panel of Arbitrators

“This work will become the standard reference on Malaysian arbitration for the next decade, and a useful comparative work for any practitioner working on Model Law arbitration anywhere in the world.”

Dr Rouven F. Bodenheimer | Vice-President, German Arbitration Institution (DIS)

“Professor Rajoo’s work has made the subject of arbitration in Malaysia accessible in both scope and depth.”

Chan Leng Sun SC | Senior Counsel, Supreme Court of Singapore

Since its enactment, the Arbitration Act 2005 has been amended four times, most recently in 2024 to introduce the new section 9A on the law applicable to an arbitration agreement, the third party funding regime in sections 46A to 46I, and the new institutional appointing-authority architecture. The Federal Court has, over two decades, given the Act its developed jurisprudential content. The Act that a practitioner reads today is materially different from the Act that was enacted 20 years ago.

This commentary is the authoritative reading. The second edition treats each provision of the Act as it now stands, sets out the legislative history of its amendments, identifies the Malaysian case law that has construed it, reads it against the UNCITRAL Model Law and the corresponding provisions in the leading Model Law jurisdictions, and notes the points on which the law is settled and those on which it continues to develop. The result is a single volume to which the Bench, the Bar, the institutional community and the academic reader can turn for the current and authoritative reading of each section of the Arbitration Act 2005.

Readers familiar with the author’s Handbook on Arbitration (Thomson Reuters, 2026) will recognise the subject matter but find a different book. Where the Handbook is organised around the life cycle of an arbitration – the agreement, the tribunal, the proceedings, the award, the courts and enforcement, this commentary is organised around the Arbitration Act itself, section by section. The two volumes are companions. The Handbook is the practitioner’s working reference when conducting an arbitration; this commentary is the practitioner’s authority on the statute that governs it. Together they give the Malaysian arbitration community a complete library on the law and practice of arbitration in this country.

Comprehensive coverage

Introductory Overview

Part I • Preliminary (ss 1–2)

Short title and commencement; interpretation; the scope and application of the Act to domestic and international arbitrations seated in Malaysia.

Part II • Arbitration (ss 3–46I)

Receipt of communications; arbitrability; arbitration agreements including the new section 9A on the law applicable to an agreement; stay of court proceedings; interim measures; composition and jurisdiction of the tribunal; conduct of proceedings; the award and its making; setting aside; recognition and enforcement; appeals on questions of law; costs and fees; third party funding under the new sections 46A to 46I; and the role of the courts at each stage.

Part III • Additional Provisions Relating to Arbitration (ss 47–51)

The additional provisions applicable to international and domestic arbitration; consolidation; determination of preliminary points of law; the powers of the court.

Part IV • Miscellaneous (ss 52–56)

Liability of arbitrators; immunity of appointing authorities; banking secrecy; bankruptcy; consequential and supplementary provisions; repeal and saving.

Format of Commentary

The commentary follows a consistent structure for each section of the Act:

• The text of the section as it stands in 2026, with the 2011, 2018 and 2024 amendments incorporated.
• The Model Law equivalent (with the article number and any divergences identified).
• Legislative history: the original 2005 provision and the path through the 2011, 2018 and 2024 amendments.
• Malaysian case law: Federal Court, Court of Appeal and High Court decisions construing the section, set out chronologically with the principles drawn.
• Comparative materials: leading authorities on the corresponding provisions in Singapore, Hong Kong, Australia, Canada and England.
• Practical observations: the questions that practitioners and tribunals most frequently encounter on the section, with the author's analysis.

Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings, 4th Edition presents the definitive, home-grown reference for Malaysian practitioners seeking accuracy, clarity and efficiency in the drafting of pleadings. As accurate pleadings underpin every successful civil claim, this authoritative encyclopaedia delivers a comprehensive and reliable compendium of precedents designed to support the preparation of pleadings and related court documents that are both thorough and legally sound. Each topic is accompanied by clear and concise commentary setting out the applicable legal principles, together with practical guidance on pleading, enabling practitioners to draft with confidence and precision while benefitting from the extensive range of precedents provided.

The 4th Edition has been extensively updated to reflect the evolving Malaysian legal landscape, ensuring that practitioners remain current and well-equipped in modern practice. Now expanded into two volumes, its scope has been significantly broadened with the introduction of six important and increasingly relevant areas of law: Strata Management, Taxation, Land Acquisition, Digital Assets & Cryptocurrency, Constitutional Law, and Probate & Administration. In addition, recent case law has been carefully incorporated to capture current judicial thinking and developments, while the latest legislative changes have been integrated to ensure alignment with prevailing statutory and regulatory frameworks. Precedents throughout the publication have been reviewed, refined and updated wherever possible to enhance their accuracy, clarity and practical usability.

Modelled on the highly regarded UK Bullen & Leake & Jacob’s Precedents of Pleadings, this Malaysian edition has firmly established itself as the first point of reference for civil practitioners. It brings together the collective expertise of more than 50 experienced practitioners across both mainstream and specialist areas of practice, offering a depth of insight and practical guidance that is unmatched. Whether preparing a statement of claim, defence, reply, affidavit in support, consent order or any other court document, practitioners can rely on this publication for well-drafted, dependable precedents tailored to Malaysian practice.

Renowned for its comprehensive coverage, high-quality precedents and accessible commentary, the 4th Edition continues to provide a trusted and indispensable resource for legal professionals. With its expanded scope, inclusion of new case law, integration of legislative developments and enhanced precedents, it ensures that practitioners are equipped with the latest knowledge and tools necessary to draft pleadings with confidence and precision in an increasingly complex legal environment.

Key features:

1. Now in TWO volumes
2. 6 new areas of law introduced: Strata Management, Taxation, Land Acquisition, Digital Assets & Cryptocurrency, Constitutional Law, and Probate & Administration
3. Comprehensive, high-quality precedents that can be relied on with confidence
4. Concise and practical commentaries for quick reference on applicable legal principles
5. Expert guidance from more than 50 experienced practitioners
6. Updated with recent case law and legislative developments
7. Refined and enhanced precedents aligned with current Malaysian court practice

"Any practitioner of arbitration regularly engaged in this practice could not afford to be without a copy of this Handbook."

"If there is one book you must have on arbitration, it is undoubtedly this one."

"The same hand that built the institution now provides the literature it deserves."

"Readers will not find a mere technical guide but rather vital insight into the institutional architecture of dispute resolution itself."

"This is a composition of several books into one."

"A Handbook written with the Asian experience firmly in view is, for that reason, never parochial to its global readership."

"What distinguishes this Handbook is its ability to bridge theory and practice."

"It deserves to be read, and to be used."

Arbitration in Malaysia is no longer what it was five years ago. Virtual hearings have moved from emergency expedient to default procedure. AI-assisted document review is approaching universal adoption. Sanctions, ESG, third party funding and cryptocurrency disputes have arrived in the hearing room – often without notice. The 2024 amendments to the Arbitration Act 2005 and the new AIAC Suite of Rules 2026 have reset the procedural map. The practitioner working from a textbook printed before 2023 is already behind.

This Handbook is the answer. Across 38 chapters, it takes the practitioner through the entire arbitral life cycle – from the formation and effect of the arbitration agreement through jurisdiction, tribunal constitution, conduct of proceedings, evidence, awards, costs, and the recognition and enforcement of arbitral awards under the New York Convention. Standard topics are treated with doctrinal precision and a serious eye for working procedure.

Anchored in the Arbitration Act 2005 (as amended in 2011, 2018 and 2024) and the AIAC Suite of Rules 2026, the Handbook considers each provision against the UNCITRAL Model Law and the jurisprudence of the leading Model Law jurisdictions – Singapore, Hong Kong, Australia, Canada and England – so that the Malaysian practitioner is never working in isolation, and the comparative practitioner finds in Malaysia a fully treated jurisdiction worth attending to.