Patient's autonomy to make his own decision is an ethical principle that has been interpreted into the legal concept of consent. Consent to medical treatment is a very fundamental aspect in medical law as it can be regarded as an acknowledgment that a patient has the right to make his own decision on what he wants to be done to his body. In the area of consent, capacity of the patient to make decision plays an important role. Capacity from the context of a patient's age is one of the factors that needs to be considered in deciding whether that particular patient has capacity to give consent or not. In this paper the focus will be on whether children governed by the Malaysian Child Act 2001 have the right to give consent to their medical treatment. In discussing this issue, the writers will look into the general legal position of children to give consent in Malaysia before going into the specific legal provisions pertaining to consent to medical treatment for children governed by the jurisdiction of the Child Act
The criminal justice system provides a range of punishment to be meted out to criminal offenders. The types of punishment include custodial and non-custodial sentences. Custodial sentence refers mainly to imprisonment of the offenders. On the other hand, there are several types of noncustodial sentence such as fine, probation and bond of good behaviour. Recently it can be seen that a new kind of non-custodial sentence, that is community service order has gained acceptance by the courts of law in several criminal jurisdictions in the world such as the United Kingdom and the United States of America. As a developing country, Malaysia must be proactive in keeping abreast of this legal development. Therefore it is important to identify whether in Malaysia there exists provisions of law that allow for the application of community service order as an alternative punishment. This paper aims at discussing the provisions of law pertaining to community service order and the extent of its applicability in criminal cases in Malaysia. For the purpose of this paper, the writers adopted a qualitative method, focusing on statutory analysis in order to reach the desired objective.
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