Safeguarding the child witness in giving evidence with special reference to the Child Witness Act 2007

Mohd Yunus, Mohamad Ismail and Sabri, Shahnaz Zuriati (2023) Safeguarding the child witness in giving evidence with special reference to the Child Witness Act 2007. Malayan Law Journal, 4 (1). cclvii-cclxxxv. E-ISSN 2477-6238

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Abstract

The evidence given by a child witness is usually regarded as unreliable because the child might not fully understand the effect of oath and difficulty in distinguishing reality and fantasy. In relation to that, the child witness often affected by the surrounding environment and trauma caused by the relevant incident. Often, the child refused to give testimony in court due to non-supportive legal system in Malaysia. This research paper will identify the adequacy of the existing Malaysia legal framework in protecting the child witness when the latter is called to give testimony in court and analyse the comprehensiveness of existing Malaysian law in safeguarding the child witnesses in giving evidence with special reference to the ChildWitness Act 2007.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Child Witness Act 2007; Evidence Act 1950; Child Act 2001; Sexual Offences Against Children 2017; Islamic Law of Evidence
Subjects:	BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	16 Apr 2024 14:47
Last Modified:	16 Apr 2024 15:28
URI:	http://irep.iium.edu.my/id/eprint/111752

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