The Star online. News. Parliament. Tuesday June 26, 2007
At the Dewan Rakyat
Reports by ELIZABETH LOOI, ZULKIFLI ABD RAHMAN AND FLORENCE A. SAMY
CHILD witnesses will be better protected in court and shielded from the accused by giving evidence either through a screen, live link or video recording.
These were outlined under the Evidence of Child Witness Bill 2007, which was passed yesterday.
Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said protection would be accorded to child witnesses in criminal and civil cases such as divorce proceedings and custody hearings.
“Counselling will also be given to them. What is important is that we don’t want to add to any trauma the child may already be experiencing,” he said when winding up the debate on the Bill.
Under the Bill, a witness under the age of 16 may give evidence in one or any combination of the three methods at any stage of a trial.
The first calls for a screen to be placed between the witness and the accused.
This would not guarantee that those in the courtroom would not see the witness.
Via live link from an outside location, the Bill states that a court employee, an interpreter or an adult approved by the court may accompany the child when giving evidence.
Video recordings of testimony by the witness must be accompanied by a transcript of the original language used in the recording and translation of the transcript, if the national language is not used.
However, the witness in the recording may be called for further examination, to be made under protection via a screen or live link.
The Bill also states that formal court attire such as coats, jackets and gowns may be dispensed with when a child witness is giving evidence.
On whether cases involving child witnesses would be expedited, Nazri said there was no guarantee because there were already cases waiting in court.
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Bill gives choices for child witnesses
The Sun online. Local News. 25/6/07
Pauline PuahKUALA LUMPUR (June 25, 2007): The Dewan Rakyat (Parliament) has passed the Evidence of Child Witness Act 2007 to give those aged below 16 a choice in the manner they wish to give evidence to courts.
Under the Bill, a child witness may give evidence in court in any one or a combination of the following manner:
by having a screen between him or her and the accused or a child charged with any offence;
by live link; or
by video recording.
The purpose of putting a screen is to prevent a child witness giving evidence in court from seeing the accused or a child charged with any offence.
Under the bill, a child witness is also allowed to give evidence by means of a live link from a location other than the court room.
"It also empowers the court to make an order specifying the person who may be present at the place where the live link facilities are available and in the courtroom," the bill states.
The bill also specifies that a video recording shall not be admitted unless it is accompanied by a transcript of the original language used in the recording and accompanied by a translation of transcript if the language used is other than the national language.
"Child witness" means a person under the age of 16 years who is called or proposed to be called to give evidence in any court proceedings.
Minister in the Prime Minister's Department Datuk Seri Mohd Nazri Abdul Aziz said in Parliament today the bill is needed so that child witnesses would not suffer trauma for a second time after giving evidence in court.
In his winding-up speech on the bill, he said although the bill was drafted to be used more in criminal cases, it could also be used for civil cases, such as divorce and custodial hearings.
On whether cases involving child witnesses would be given a time-frame to be settled by the courts, he said there was no such provisions under the bill as the courts are burdened with numerous cases.
At the Dewan Rakyat
Reports by ELIZABETH LOOI, ZULKIFLI ABD RAHMAN AND FLORENCE A. SAMY
CHILD witnesses will be better protected in court and shielded from the accused by giving evidence either through a screen, live link or video recording.
These were outlined under the Evidence of Child Witness Bill 2007, which was passed yesterday.Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said protection would be accorded to child witnesses in criminal and civil cases such as divorce proceedings and custody hearings.
“Counselling will also be given to them. What is important is that we don’t want to add to any trauma the child may already be experiencing,” he said when winding up the debate on the Bill.
Under the Bill, a witness under the age of 16 may give evidence in one or any combination of the three methods at any stage of a trial.
The first calls for a screen to be placed between the witness and the accused.
This would not guarantee that those in the courtroom would not see the witness.
Via live link from an outside location, the Bill states that a court employee, an interpreter or an adult approved by the court may accompany the child when giving evidence.
Video recordings of testimony by the witness must be accompanied by a transcript of the original language used in the recording and translation of the transcript, if the national language is not used.
However, the witness in the recording may be called for further examination, to be made under protection via a screen or live link.
The Bill also states that formal court attire such as coats, jackets and gowns may be dispensed with when a child witness is giving evidence.
On whether cases involving child witnesses would be expedited, Nazri said there was no guarantee because there were already cases waiting in court.
............................................................
Bill gives choices for child witnesses
The Sun online. Local News. 25/6/07
Pauline PuahKUALA LUMPUR (June 25, 2007): The Dewan Rakyat (Parliament) has passed the Evidence of Child Witness Act 2007 to give those aged below 16 a choice in the manner they wish to give evidence to courts.
Under the Bill, a child witness may give evidence in court in any one or a combination of the following manner:
by having a screen between him or her and the accused or a child charged with any offence;
by live link; or
by video recording.
The purpose of putting a screen is to prevent a child witness giving evidence in court from seeing the accused or a child charged with any offence.
Under the bill, a child witness is also allowed to give evidence by means of a live link from a location other than the court room.
"It also empowers the court to make an order specifying the person who may be present at the place where the live link facilities are available and in the courtroom," the bill states.
The bill also specifies that a video recording shall not be admitted unless it is accompanied by a transcript of the original language used in the recording and accompanied by a translation of transcript if the language used is other than the national language.
"Child witness" means a person under the age of 16 years who is called or proposed to be called to give evidence in any court proceedings.
Minister in the Prime Minister's Department Datuk Seri Mohd Nazri Abdul Aziz said in Parliament today the bill is needed so that child witnesses would not suffer trauma for a second time after giving evidence in court.
In his winding-up speech on the bill, he said although the bill was drafted to be used more in criminal cases, it could also be used for civil cases, such as divorce and custodial hearings.
On whether cases involving child witnesses would be given a time-frame to be settled by the courts, he said there was no such provisions under the bill as the courts are burdened with numerous cases.
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