KUALA LUMPUR: The Witness Protection (Amendment) Bill 2026, which expands access to protection for witnesses with autism and others lacking legal capacity, has been passed by the Dewan Rakyat.
Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran said witnesses with autism, developmental delays or similar conditions would need to undergo assessment supported by medical reports or clinical evaluations from specialists.
"The amendment aims to expand access to the Witness Protection Programme so applications can be made on behalf of witnesses who lack legal capacity through their parents or guardians," he said in his winding-up speech on the Bill in the Dewan Rakyat on Tuesday (July 14).
However, Kulasegaran said the phrase "lacking legal capacity" was introduced solely for administrative purposes and does not determine whether a witness is competent to testify in court.
"The phrase is not introduced to determine a person's competency to give evidence in court but is instead used for administering the Witness Protection Programme.
"An individual's competency to testify remains under the court's jurisdiction pursuant to Section 118 of the Evidence Act 1950," he said.
He said admission into the programme would continue to depend on factors including the seriousness of the offence, the importance of the witness' testimony and security threats faced.
Kulasegaran also rejected proposals to make closed-door proceedings mandatory, saying courts should retain discretion to determine appropriate protective measures according to each case.
"The law does not prescribe such measures as mandatory for all cases but allows the court to determine the most appropriate measures based on the circumstances of each case," he said.
He said parents or guardians would receive a full explanation of the terms, rights and responsibilities before signing agreements on behalf of participants.
Emergency admissions could proceed before agreements were finalised to ensure urgent protection was not delayed, while terminated participants retained the right to appeal within 14 days.
Kulasegaran added that the Witness Protection Programme has maintained a perfect safety record since the Witness Protection Act 2009 came into force.
"Since the programme came into force, participants' physical safety has remained at 100%, with no incidents of injury, physical threats or death while under the programme or after participation ended," he said.
Tabled on Monday (July 13), the Witness Protection (Amendment) Bill 2026 included amendments that strengthened and introduced new safeguards for witnesses, with a focus on minors and those who lack legal capacity.
The Bill also introduced psychological assistance, including counselling, as part of the assistance provided to a participant while improving programme participants' safe transition to a new life upon leaving the programme.
