KUALA LUMPUR: The Evidence of Child Witness (Amendment) Bill 2024 aims to ensure that children in the country's legal system receive equal treatment in line with international standards, said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
During the tabling of the bill's second reading today, Azalina described the current legislation on child witnesses as discriminatory and outdated as it has elements of children not being trustworthy and are prone to fantasy.
Such factors, she said, have led to underreporting and parents being reluctant to let their children be involved in the court procedures.
"The trial system (in court) and the process of providing evidence in court is a daunting experience even for adults. Imagine the fear experienced by a child (going through the same process).
"How the questions are given is also different from how children communicate. Procedures such as cross-examination can be complicated and can cause distress to child witnesses due to its confrontational and aggressive nature.
"As a member country of the Convention on the Rights of the Child since 1995, Malaysia must ensure that continuous efforts are carried out to provide the best for children in the country," she said when tabling the second reading of the bill in the Lower House, today.
Through the bill, she added that parents and children will also be more confident in reporting offences and will be more comfortable cooperating with criminal proceedings as they are assured the interests of children are safeguarded.
"Children will also receive justice without experiencing additional trauma and can provide evidence more effectively, leading to fairer trials as children's testimony will be treated the same as that of other witnesses."
On Tuesday, Azalina tabled the first reading of the bill, which aimed at enhancing provisions for child witness testimony.
She said the bill will 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.