Will child witness testimony be treated equally to adult testimony?

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Child Witness Testimony Will Be Evaluated Equally to Adult Testimony

The recent amendment to the Evidence of Child Witness Act 2007, passed by the Dewan Negara, will ensure that the testimony of a child is evaluated by the court in the same manner as the testimony of any adult witness. This change does not compromise the right to a fair trial for an accused individual, as the prosecution remains obligated to prove guilt beyond a reasonable doubt. The amendment specifically removes the previous mandatory requirement for corroboration of unsworn child testimony in criminal proceedings.
Abolition of Mandatory Corroboration for Unsworn Testimony

Previously, a conviction relying on a child's testimony given without an oath necessitated corroborating evidence. The Evidence of Child Witness (Amendment) Bill 2024 has abolished this mandatory requirement. This means that a child's unsworn statement, when presented in court, will be subject to the same scrutiny and evaluation as any other witness's testimony, without the automatic need for additional supporting evidence solely due to the witness's age.
Rationale for the Amendment

The amendment was deemed necessary due to identified shortcomings in the existing legal framework for child witnesses. Specifically, there was a noted lack of adequate protection and support for children participating in criminal trial processes. This deficiency could induce fear in child witnesses, leading parents to be hesitant to allow their children to testify due to concerns about their comfort and well-being during court proceedings.
Ensuring a Suitable Environment for Child Witnesses

Recognising that a child's involvement in legal proceedings can be a distressing experience, the amendment underscores the importance of providing a suitable environment for children. This aims to alleviate parental reluctance stemming from worries about their children's emotional state and comfort, thereby encouraging more children to provide their testimony when it is crucial for a case. The focus is on creating an atmosphere conducive to a child's participation without undue fear or distress.

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Will child witness testimony be treated equally to adult testimony?

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