Parliament passes Child Witness Act amendment

KUALA LUMPUR: The Evidence of Child Witness (Amendment) Bill 2024 was passed in the Dewan Rakyat on Thursday (July 11).

In her winding-up speech, Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said said no minimum age limit was 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 on Thursday.

On 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 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,” noted Azalina.

When asked about the implementation of giving testimony via video and whether 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 for a long time since the establishment of the child sexual crimes court. It allows 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’s testimony is the same as giving testimony in an open court,” she said.

On Tuesday (July 11), Azalina, who tabled the Bill for the first reading, said it aimed to enhance provisions for child witness testimony.

The Bill states that a child witness over the age of twelve, with sufficient understanding, shall testify under oath and comprehend the duty of truthfulness in proceedings.

The court is granted the authority to assess the competency of a child witness before and during their testimony.