Evidence through live video or live television links, etc.
62A.—(1)  Despite any other provision of this Act, a person may, with permission of the court, give evidence through a live video or live television link in any proceedings, other than proceedings in a criminal matter or proceedings for contempt of court, if —
(a)the witness is below 18 years of age;
(b)it is expressly agreed between the parties to the proceedings that evidence may be so given;
(c)the witness is outside Singapore; or
(d)the court is satisfied that it is expedient in the interests of justice to do so.
[30/2019]
[Act 25 of 2021 wef 01/04/2022]
(2)  In considering whether to grant permission for a witness outside Singapore to give evidence by live video or live television link under this section, the court is to have regard to all the circumstances of the case including the following:
(a)the reasons for the witness being unable to give evidence in Singapore;
(b)the administrative and technical facilities and arrangements made at the place where the witness is to give his or her evidence;
[Act 25 of 2021 wef 01/04/2022]
(c)whether any party to the proceedings would be unfairly prejudiced;
[Act 25 of 2021 wef 01/04/2022]
(d)any other matter prescribed by rules made under subsection (9).
[Act 25 of 2021 wef 01/04/2022]
(3)  The court may, in granting permission under subsection (1), make an order on all or any of the following matters:
(a)the persons who may be present at the place where the witness is giving evidence;
(b)that a person be excluded from the place while the witness is giving evidence;
(c)the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(d)the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e)the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)the stages in the proceedings during which a specified part of the order is to have effect;
(g)the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice;
(h)any other order the court considers necessary in the interests of justice.
[Act 25 of 2021 wef 01/04/2022]
(4)  The court may revoke, suspend or vary an order made under this section if —
(a)the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties thereto;
(c)it is necessary for the court to do so, so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
(d)it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom;
[Act 25 of 2021 wef 01/04/2022]
(e)there has been a material change in the circumstances after the court has made an order; or
[Act 25 of 2021 wef 01/04/2022]
(f)any conditions prescribed by rules made under subsection (9) for the purposes of this subsection are met.
[Act 25 of 2021 wef 01/04/2022]
(5)  The court is not to make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.
(5A)  In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by rules made under subsection (9).
[Act 25 of 2021 wef 01/04/2022]
(6)  An order made under this section does not cease to have effect merely because the person in respect of whom it was made attains 18 years of age before the proceedings in which it was made are finally determined.
[30/2019]
(6A)  Despite any provision of this Act and this section, the parties in any civil proceedings may, with the express agreement of all the parties to the proceedings pursuant to section 11(3)(b) of the Family Justice Act 2014, section 8(3)(b) of the State Courts Act 1970* or section 8A(3)(b) of the Supreme Court of Judicature Act 1969*, apply for permission of the court for a witness to give evidence through a live audio link only, and the application must describe the arrangements that the parties have agreed to put in place to ensure the integrity and quality of the evidence to be given by the witness.
[*Updated to be consistent with the 2020 Revised Edition]
[Act 25 of 2021 wef 01/04/2022]
(7)  Evidence given by a witness, whether in Singapore or elsewhere, through a live video or live television link by virtue of this section, or through a live audio link (without an accompanying live video link or live television link) by virtue of subsection (6A), is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 as having been given in the proceedings in which it is given.
[15/2019]
[Act 25 of 2021 wef 01/04/2022]
(8)  Where a witness gives evidence in accordance with this section, the witness is, for the purposes of this Act, deemed to be giving evidence in the presence of the court.
(9)  The Rules Committee constituted under the Supreme Court of Judicature Act 1969, and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section.
[27/2014]
(10)  In this section, “live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice.
[Act 25 of 2021 wef 01/04/2021]