*EVIDENCE OF CHILD WITNESS ACT 2007

This Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette.

Interpretation

by having a screen between him and the accused or a child charged with any offence;

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by live link;

by video recording; or

by way of a special hearing.

For the purposes of this section, any evidence given under subsection (1) shall be deemed to be evidence given in an open court.

Screening

The screen or other arrangement shall not prevent the child witness from being able to see, and to be seen by—

Where two or more advocates are acting for the accused or the child charged with any offence, the requirement of paragraph (2)(c) is satisfied if the child witness is able at all material times to see and be seen by at least one of them.

Evidence by live link

The Court may make an order specifying—

A video recording under subsection (1) shall not be admitted unless—

A certificate by a person who did the video recording pursuant to subsection (1) shall, until the contrary is proven, be admitted as a prima facie evidence of the authenticity of the content of the video recording.

Where a video recording is admitted under this section, the child witness shall be called to be further examined-in-chief by the party who tendered the video recording in evidence on any matter which, in the opinion of such party, has not been dealt with adequately in the child witnesses recorded testimony.

Notwithstanding any provision of this Act, where a child witness is called to be further examined-in-chief under subsection (4), he may give evidence by means of having a screen between him and the accused or child charged with any offence or by means of a live link.

Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed in the recording shall be treated as if given by that child witness in direct oral evidence.

In the case of a child witness who has been sworn, the Court shall admit the statement made by the child witness in the video recording as sworn evidence.

In the case of evidence of a child witness of tender years, the

Court, when considering the statement in the video recording as evidence shall assess and form an opinion as to whether the child witness possesses sufficient intelligence and understands the duty of speaking the truth, though not given upon oath.

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Special hearing

During the special hearing, a child witness shall be first examined-in-chief by the party to the proceedings who calls him, then, if the adverse party so desires, cross-examined then, if the party calling the child witness so desires, re-examined.

Where the evidence of a child witness has been given by way of a special hearing, the child witness shall not be recalled for further examination-in-chief, cross-examination or re-examination in the proceedings of the case unless the Court is satisfied that—

A child witness during a special hearing may give evidence by means of having a screen between him and the accused or child charged with any offence or by means of a live link or combination of both.

For the purposes of this section, the Court may, where necessary, give any direction on any other matters relating to a special hearing as the Court considers appropriate.

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Improper questions

misleading or confusing;

insulting, intimidating, humiliating, harassing, annoying, offensive, oppressive or needlessly repetitive;

belittling in its manner or tone or otherwise inappropriate;

or

of no basis other than a stereotype based on the child witness’ sex, race, culture or ethnicity, age or disability.

For the purposes of subsection (1), the Court may have regard to the age, maturity, vulnerability or disability of the child witness as well as cultural background or religious beliefs of the child witness.

Previous video recording of a child witness may be proved

The function of an intermediary is to communicate—

An intermediary shall not—

An unrepresented accused shall not be entitled to question a child witness directly but may do so through an intermediary.

Adults accompanying child witness

The Court may permit more than one adult to accompany the child witness if the Court considers it in the interests of justice to do so.

An adult accompanying the child witness shall not—

The age of a child witness as declared by the Court under subsection (1) shall be deemed to be the true age of that child witness, unless and until the contrary is proved.

Child witness suffering from a disability

The evidence so given shall be deemed to be oral evidence.

In this section, “disability” includes activity limitation resulting from physical, intellectual or sensory impairment, medical conditions or mental illness which may be permanent or temporary in nature.

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Child witness attaining age of eighteen years while giving evidence during trial

A picture of the child witness or any other person, place or thing which may lead to the identification of the child witness in the proceedings mentioned in subsection (1) shall not be published in any mass-media or transmit through any electronic medium.

Any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Without prejudice to the generality of subsection (1), regulations may be made—

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