Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part IV · Enforcement
35. Admissibility of statement
Official textFrom Laws of Malaysia Online, unchanged
Except as provided in this section, no statement made by any person to an enforcement officer in the course of an investigation made under this Act shall be used in evidence.
enforcement officer
“enforcement officer” means any officer specified in subsection 27(1) or any public officer appointed under subsection 27(1a);
When any witness is called for the prosecution or for the defence, other than the accused, and there is a basis for impeaching the credit of that witness, the Court shall, subject to the provisions of the Evidence Act 1950 [Act 56], refer to any statement made by that witness to an enforcement officer in the course of an investigation under this Act and may then use that statement to impeach the credit of the witness.
Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
When any person is charged with any offence in relation to—
the making; or
the contents, of any statement made by him to an enforcement officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.
Terms defined in s 2
enforcement officer
Defined · s 2“enforcement officer” means any officer specified in subsection 27(1) or any public officer appointed under subsection 27(1a);
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