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Child witness protection boost: New bill debuts in Parliament

KUALA LUMPUR: The Evidence of Child Witness (Amendment) Bill 2024, aimed at enhancing provisions for child witness testimony, was introduced for its first reading in the Dewan Rakyat today. 

Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said presented the bill, which seeks to amend the Evidence of Child Witness Act 2007 to include substantive and procedural guidelines for child witness evidence.

The bill, as detailed in the blue book circulated in Parliament, specifies that a child witness over the age of 12, 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.

The proposed amendment will make the Evidence of Child Witness Act the primary legislation for child witness evidence, necessitating corresponding changes to the Evidence Act 1950, the Sexual Offences Against Children Act 2017, the Oaths and Affirmations Act 1949, the Security Offences (Special Measures) Act 2012, and the Armed Forces Act 1972 to exclude child witness provisions.

Additionally, Azalina introduced several related amendment bills – the Evidence (Amendment) Bill 2024, the Oaths and Affirmations (Amendment) Bill 2024, the Sexual Offences Against Children (Amendment) Bill 2024, and the Security Offences (Special Measures) (Amendment) Bill 2024.

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