Child witness law passed in Parliament

THE Evidence of Child Witness (Amendment) Bill 2024 has been passed in the Dewan Rakyat.

In her winding-up speech, Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said said there was no minimum age limit set under this Bill because early childhood development varies for each child.

“All child witnesses shall be deemed competent to give testimony in any proceeding unless the court finds that the child witness is unable to understand the questions posed to them or provide rational answers in that proceeding,” she said in the Dewan Rakyat yesterday after the new law was passed.

On a question whether the provisions regarding child witness testimony under this Act also apply to testimony given by children during police investigations, Azalina said under the Child Witness Testimony Act 2007, the testimony of child witnesses pertains to testimony given in court proceedings.

“During investigations, the testimony given can be submitted to the court as evidence if it meets certain conditions.

“When a child’s testimony during an investigation is recorded, the video recording can be accepted as evidence as provided by this Act,” she added.

Asked on the implementation of giving testimony via video and if it can enhance the accuracy of the testimony given by children, Azalina replied that testimony via video is a facility that has already been used since the establishment of the Child Sexual Crimes Court, allowing children to give testimony more comfortably without facing the accused, thus preventing trauma.

“Although the testimony is given via video, the weight or admissibility of the child witness’ testimony is the same as giving testimony in an open court,” she said.