Can A Child Be a Court Witness? What Are The Processes?

In Malaysia, child witnesses play a crucial role in the criminal justice system. When a child is a witness in a court case, it can be a complex and challenging experience, both for the child and for the legal system. The Malaysian courts have taken significant steps to ensure that child witnesses are protected and supported during court proceedings, with the aim of ensuring that the child's best interests are safeguarded.

One of the key ways in which child witnesses are protected in Malaysian courts is through special measures designed to minimize the trauma and stress of the legal process. This includes the use of closed-circuit television (CCTV) to allow the child to give evidence from a separate room, away from the intimidating atmosphere of the courtroom. The use of CCTV ensures that the child does not have to face the accused directly and can give evidence in a more relaxed and comfortable setting.

Another important safeguard for child witnesses is the presence of a support person or intermediary, who can assist the child during the legal process. The intermediary is usually a trained professional, such as a social worker or counselor, who is able to help the child understand the questions being asked and provide emotional support throughout the process. The intermediary is not allowed to influence the child's evidence or interpretation of events, but rather to act as a neutral party to help the child feel more comfortable and confident.

The courts also take into account the child's age and maturity when assessing the credibility and reliability of their testimony. The Malaysian Evidence Act 1950 states that children of all ages can give evidence, but that their evidence should be evaluated with caution. The judge will take into account the child's level of understanding, the circumstances in which they witnessed the event, and any potential pressures or inducements that may have influenced their testimony.

However, despite these safeguards, the legal process can still be a traumatic and stressful experience for child witnesses. This is why it is important that child witnesses are provided with appropriate support before, during, and after court proceedings. This may include counseling, therapy, or other forms of psychological support to help the child cope with the emotional impact of the legal process.

In conclusion, child witnesses play an important role in the Malaysian criminal justice system, and it is essential that their rights and interests are protected. Through the use of special measures, such as CCTV and support persons, the courts are able to provide child witnesses with the necessary protections and safeguards to ensure that their testimony is reliable and credible. However, it is important that child witnesses are also provided with appropriate support and assistance to help them cope with the emotional impact of the legal process. With these measures in place, the courts can ensure that justice is served while also safeguarding the welfare of child witnesses.