Laws of MALAYSIA ONLINE TEXT VERSION PRINT the UPDATED Act 676 ACT WITNESSES children 2007 As on May 1, 2013 2 ACT of WITNESS EVIDENCE 2007 child Assent Date......... August 29, 2007, the date of publication in the Gazette of ... ... more 30 August 2007 3 laws of MALAYSIA Act 676 ACT WITNESSES children 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II MODE of EVIDENCE by WITNESS children 3. How a child witness evidence may be given 4. Pengadangan 5. Description over the network directly 6. Video recording of witness child 7. Video footage of previous witness children may be proved 8. Examination of witnesses children through intermediaries 9. Adults who accompany witnesses child 10. Formal wear may set aside 11. Presumption of witness child age 12. Witness children who suffer disabilities 13. Witness the child reached the age of sixteen years while giving evidence in a time trial of 14. Restrictions on reporting and broadcasting media 4 laws of Malaysia ACT 676 PART II MODE of EVIDENCE by WITNESS children section 15. Regulations 16. Application of Act, 1950 and the evidence of the criminal procedure code 5 laws of MALAYSIA Act 676 ACT WITNESSES children 2007 an act to provide in relation to the giving of evidence by a child witness, and other matters relating thereto.
[31 December 2007]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the evidence of a witness Act children 2007.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — ‖ ―it Court means the High Court, sessions Court, magistrate's Court and the Court for children;
6 laws of Malaysia ACT 676 ‖ ―it Minister means the Minister charged with the responsibility for the law;
medical officer, ‖ ―it means a registered medical practitioner in public service and includes a medical practitioner registered in any hospital medical trainees a University established under the universities and University Colleges Act 1971 [Act 30];
‖ ―It police officer has the meaning assigned to it in the Police Act 1967 [Act 344];
video recording, ‖ ―it in relation to witness children, means a video recording on the oral evidence of witnesses children, in the form of an interview that took place between a police officer with a child witness, which are pronounced in any format, is made for the purposes of receipt as evidence examination of witnesses children;
direct network ‖ ―it means a television network directly or other arrangement that is a witness the child, although not present in the trial or in other places that the proceedings are conducted, can view and listen to someone in the room trial or elsewhere, and to be seen and heard by those set out in paragraph 4 (2) (a) to (d);
―It witness ‖ child means a person under the age of sixteen years is called or intended to be called to give evidence in any proceedings but does not include an accused or a child who is charged with any offence.
Evidence of Witness child 7 PART II MODE of EVIDENCE by a child WITNESS of how the evidence of the child witness can be given 3. (1) a witness the child may, at any stage of a trial, giving evidence in any one or a combination of the following ways: (a) by holding a pengadang between the child with the accused or a child who is charged with any offence;
(b) by network directly; or (c) with video recording.
(2) for the purposes of this section, any information given under subsection (1) shall be deemed to be information given in open court.
Pengadangan 4. (1) a witness the child, while giving evidence in court, can be prevented by means of a composition or arrangement other than are viewed and seen by the accused or a child who is charged with any offence.
(2) Are or other arrangements shall not hinder the child witness from can see, and be seen by — (a) the Court;
(b) the Prosecutor;
8 laws of Malaysia ACT 676 (c) advocates for the accused or a child who is charged with any offence; and (d) interpreters.
(3) If two or more solicitors acting for the accused or a child who is charged with any offence, the requirements of paragraph (2) (c) have been met if the child witness can at any time the material look and seen by at least one of the advocates.
Description over the network directly 5. (1) where a child witness to testify by means of network directly from a location other than room trial, that location shall be deemed to be part of the trial in which the proceedings are conducted for the purpose of this section.
(2) the Court may make an order specifying — (a) that an employee of the Court present at that location;
(b) interpreter for the proceedings;
(c) any adult is allowed by the Court to accompany a witness the child;
(d) people in the room trial that could not be heard, or seen and heard, by witnesses and by those who accompany a witness the child;
(e) people in the room trial must be able to see and hear witnesses and those who accompany a witness the child;
Evidence of Witness child 9 (f) method of operation network system directly include compliance any minimum technical standards as determined by the Chief Justice of the Federal Court; and (g) any other matter that the Court consider it necessary in the interest of Justice.
Video recording of witness child 6. (1) where a video recording of witness child given in the description, video recording shall be accepted as evidence of a major inspection of the child witness: provided that the content of the video recordings shall be subject to the evidence Act 1950 [Act].
(2) a video recording under subsection (1) shall not be admissible unless — (a) accompanied by a transcript of the original language used in the video recording; and (b) accompanied by a translation of the transcript, if the language used in the video footage was in addition to the national language.
(3) a certificate by a person who makes video recordings pursuant to subsection (1) shall, until the contrary is proved, be received as prima facie evidence of the authenticity of the content of the video recording.
(4) where a video recording is received under this section, the child witness shall be called to be examined further by the main parties who submit video footage is in evidence on any matter which, in the opinion of the party, has not adequately addressed in the testimony of witnesses children who recorded it.
10 laws of Malaysia ACT 676 (5) Notwithstanding any provision of this Act, if the child witnesses called for further major examined under subsection (4), he may give evidence by way of holding a pengadang between the child with the accused or a child who is charged with any offence or by means of the network directly.
(6) where a video recording is given in evidence under this section, any statement made by a witness the child disclosed in the recording shall be deemed as if given by a witness the child in direct oral evidence.
(7) in the case of a child witness has been sworn in, the Court shall receive a statement made by a witness in the video footage as evidence swear.
(8) in the case of evidence of a witness the child still raw, the Court, when considering the statements in the video footage as evidence shall evaluate and make an opinion whether a witness the child have enough common sense and understand about the duty of speaking the truth, even with no oath.
Video footage of previous witness children may be proved 7. When a child reaches the age of sixteen years before giving evidence in court, any previous video recordings provided by the child witness, made pursuant to section 6, may be proved.
Examination of witnesses children through intermediaries 8. (1) any examination of witnesses children can be carried out
through the Court or an interpreter or any other person authorized by the Court, which acts as an intermediary, for the purposes of this section.
Evidence of a witness children 11 (2) the functions of intermediaries is to convey — (a) to witness children, questions directed to witness the child; and (b) to any person who asks any questions, answers given by witnesses as child answer that question, and to explain the question or the answer to the extent necessary to allow questions and answers is understood by the child witness.
(3) an intermediary may not — (a) giving encouragement to the child witness to answer any question;
(b) affect the answer of a witness the child; or (c) interfere with a witness the child while he is questioned.
(4) the accused who is not represented shall not be entitled to question witnesses children directly but can do so through intermediaries.
Adults who accompany witnesses children 9. (1) the Court may allow a witness children accompanied by an adult while giving evidence in any proceedings.
(2) the Court may allow more than one adult to accompany a child witness if the Court evaluate the interest of Justice to do so.
(3) adults who accompany a witness the child cannot — 12 laws of Malaysia ACT 676 (a) giving encouragement to the child witness to answer any question;
(b) affect the answer of a witness the child; or (c) interfere with a witness the child while he is questioned.
Formal wear may set aside 10. The Court may direct that the application of a coat, jacket, dress or formal wear other judges and Court officials set aside during the giving of evidence by a witness children.
The assumption on the age of the witness child 11. (1) if the Court doubted the exact age of a witness the child, a certificate of a medical officer to that effect which, in his opinion, witness the child has reached or not reached the age specified may be given in evidence, and the Court shall declare the age witnesses the child for the purposes of this Act.
(2) the age of the child witness is declared by the Court under subsection (1) shall be deemed to be the actual age of the child witness, unless and until the contrary is proved.
Witness children who suffer disabilities 12. (1) Witness children who suffer from any disability can, apart from giving evidence by any other means specified in subsection 3 (1) or a combination of the ways specified in that subsection, gave his evidence by any other means making it understandable.
(2) such information given shall be deemed to oral evidence.
Evidence of Witness child 13 (3) of this section, ‖ ―it disability include the limitations of activity caused by physical, intellectual or sensory, mental illness or health condition that may be permanent or temporary in nature.
Witness the child reached the age of sixteen years while giving evidence in the trial time 13. When a witness children giving evidence before the Court and while giving evidence she attained the age of sixteen years, the Court shall continue to hear the evidence of a witness the child and exercising all the powers under this Act.
Restrictions on reporting and broadcasting media 14. (1) No person shall disclose or publish any details in any mass media or send through any electronic medium which may lead to the identification of child witnesses, especially the name and address of a witness the child, as well as the names and details of other educational institutions he attended.
(2) picture of witness child or any other person, place or thing which may lead to the identification of child witnesses in the proceedings referred to in subsection (1), shall not be published in any mass media or transmitted through any electronic medium.
(3) any person who contravenes subsection (1) or (2) commits an offence and shall on conviction liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
14 laws of Malaysia ACT 676 PART III GENERAL regulations 15. (1) the Minister may make such regulations as may be necessary or expedient to give effect to or for carrying out the provisions of this Act.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) to establish a procedure to be used for any purpose of this Act; and (b) to provide for the management and administration of the facilities granted to witness children.
Application of Evidence Act 1950 and criminal procedure 16. Evidence Act 1950 and the criminal procedure code [Act 593] shall continue to apply except so far as the provisions expressly modified by this Act.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 15 laws of MALAYSIA Act 676 ACT WITNESSES children 2007 LIST AMENDMENT law short title force amend from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 16 laws of MALAYSIA Act 676 ACT WITNESSES children 2007 LIST SECTION AMENDED Section Power amend with effect from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _