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Question
In any criminal proceedings, a witness will be called to give credible evidence to prove the ingredients of the offence. The witness will be subjected to three stages of examination namely examination in-chief, cross-examination and re-examination. All are done orally by the prosecution and the defence team. By virtue of the insertion of Section 402B Criminal Procedure Code via the Criminal Procedure Code (Amendment) Act 2010, a witness may now testify through a written statement for the purpose of examination-in-chief. The evidence given through the written statement will then be subjected to cross-examination. This amendment to the Criminal Procedure Code brought impactful changes to the earlier morbid environment by targeting the crux of the criminal justice system which is the courts. In the light of this development in law regarding the method of giving evidence by a witness, answer the questions below and provide sufficient and concise explanation.
1. Discuss the objective/s of the introduction of Section 402B Criminal Procedure Code and its impact on the criminal proceedings in Malaysian Courts.
2. State and elaborate the salient features and requirements of a written statement as provided by Section 402B Criminal Procedure Code.
Reference: Criminal Procedure Code (Act 593)
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