LETTER | Snatching an ice cream from another pupil is not robbery, screaming profanities after failing a subject is neither a minor offence nor criminal intimidation, and the list goes on as our young people make their way through the stress and fun of school life.
The police have always been cautious when using their special powers of investigation, as stipulated in the Criminal Procedure Code, when dealing with our young people. The full force of their powers is supposed to be used on the paradigm of minimum force, especially when dealing with trivial disputes and minor offences.
This discretion is further applied carefully when dealing with students. In most cases where police reports are lodged by any aggrieved party, parents and teachers are always in the mix as the authorities are well aware that these young people are at a very impressionable age.
Schoolboy or girl mischief and pranks are part and parcel of their youth, immaturity, and growing up. Even the law cushions young children below 12 and teenagers from the full force of sentencing.
It is therefore quite bemusing that the police have treated these students as they would with criminals in arresting and applying for further detention. The offence and their age did not warrant such a heavy-handed application of the law.
The teacher too, I felt, jumped the gun in lodging a police report when this mischievous incident should have been handled internally.
At most, the relevant liaison police officer could have advised the students. Initial police action should have ended with referring it to the Education department (Refer to Other Agency).
Schoolboy mischief should not be handled as we would with criminal offences as children, being immature, do not realise that causing hurt, damage to property, taking small things from their friends, frightening others and so on, can be classified as offences. Most of them think it is simply part of play.
Discretion must always be part of applying the law when dealing with any situation and the police must exercise caution when dealing with our children and young people.
Police action towards these young people can be counterproductive to their development and can cause severe psychological problems in the future, with the exception of those who cause severe injuries, damage and loss to others. The police then must step in swiftly to take action.
Venting frustrations during examinations has been the norm with all students through time as they can undergo severe stress and pressure. In most cases, they need counselling, which requires teachers and parents to be the first line of remedial recourse in such situations, not the police.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
