Statement recorded in form of audiovisual recording
264A.—(1)  Despite anything in this Code or in any other written law, a statement made by a person that is recorded in the form of an audiovisual recording (called in this section a recorded statement) is admissible as evidence in a criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if —
(a)the criminal proceeding relates to an offence alleged to have been committed against or in relation to the person;
(b)any of the following conditions is satisfied:
(i)the offence alleged to have been committed against or in relation to the person is —
(A)a child abuse offence;
(B)an offence under section 24(2) of the Children and Young Persons Act (Cap. 38), an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(C)a sexual offence;
(D)an offence under section 169(3) of the Women’s Charter (Cap. 353), an abetment of, a conspiracy to commit, or an attempt to commit, that offence; or
(E)an offence under section 3(1) or (2) or 6(1) of the Prevention of Human Trafficking Act 2014 (Act 45 of 2014), an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
(ii)both of the following apply:
(A)the offence alleged to have been committed against or in relation to the person is an offence under section 323, 323A, 324, 325, 326, 327, 328, 329, 330, 331, 334, 334A, 335, 335A, 335B, 336, 337 or 338 of the Penal Code (Cap. 224), an abetment of, a conspiracy to commit, or an attempt to commit, that offence;
[Act 15 of 2019 wef 01/01/2020]
(B)any of the following applies:
(BA)the person is below 16 years of age;
(BB)the person is suffering from a mental disability;
(BC)the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household;
[Act 15 of 2019 wef 01/01/2020]
(BD)the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code applies;
[Act 15 of 2019 wef 01/01/2020]
(iii)all of the following apply:
(A)the offence alleged to have been committed against or in relation to the person is any other offence;
(B)any of the following applies:
(BA)the person is below 16 years of age;
(BB)the person is suffering from a mental disability;
(BC)the person is a domestic worker, and the offence is alleged to have been committed by the employer of the person or by a member of the employer’s household;
[Act 15 of 2019 wef 01/01/2020]
(BD)the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code applies;
[Act 15 of 2019 wef 01/01/2020]
(C)the court grants leave for the recorded statement to be admitted in evidence;
(c)in a case where the person is below 21 years of age, the recorded statement states the person’s age; and
(d)in a case where the recorded statement is to be used in lieu of oral evidence given by the person as evidence in chief in the criminal proceeding, the person has confirmed in the recorded statement that what the person states in the recorded statement is true.
(2)  Where a recorded statement is admissible as evidence in a criminal proceeding under subsection (1), a transcript of the audiovisual recording of the recorded statement is also admissible as evidence in the criminal proceeding, to the same extent and to the same effect as the recorded statement.
(3)  Where in any criminal proceeding a recorded statement of a person, or a transcript of the audiovisual recording of a recorded statement of a person, is admitted in evidence under this section, the court may, of its own motion or on the application of any party to the proceeding, require the person to attend before the court and give evidence.
(4)  Unless the court directs otherwise —
(a)the audiovisual recording of so much of a recorded statement as is admitted in evidence under this section must be displayed at the hearing; and
(b)so much of a transcript as is admitted in evidence under this section must be read aloud at the hearing.
(5)  Where the court directs under subsection (4) that any part of the audiovisual recording of a recorded statement admitted in evidence under this section need not be displayed at the hearing, the court may also direct that an account be given orally of the part of the audiovisual recording that is not displayed.
(6)  Where the court directs under subsection (4) that any part of a transcript admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of the transcript that is not read aloud.
(7)  Where a document or an object is referred to as an exhibit and identified in a recorded statement of a person, or in a transcript of the audiovisual recording of a recorded statement of a person, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the document or object must be treated as if the document or object had been produced as an exhibit and identified in court by the person.
(8)  Where a document is referred to as an exhibit in a recorded statement, or in a transcript of the audiovisual recording of a recorded statement, and the recorded statement or transcript (as the case may be) is admitted in evidence under this section, the prosecution must —
(a)serve a copy of that document on the defence; or
(b)allow the defence to inspect that document or a copy of that document.
(9)  In this section, “domestic worker” and “member of the employer’s household” have the same meanings as in section 73(4) of the Penal Code.
[Act 19 of 2018 wef 17/09/2018]
[Act 15 of 2019 wef 01/01/2020]