PART 2 3. The Family Justice Courts consist of —| (a) | the Family Division of the High Court; | | (b) | the Family Courts; and | | (c) | the Youth Courts. |
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| Family Division of High Court |
4.—(1) There shall be a division of the General Division of the High Court known as the Family Division, through which the General Division of the High Court exercises —| (a) | such part of the original and appellate civil jurisdiction of the General Division of the High Court as is specified in this Act; | | (b) | such part of the appellate criminal jurisdiction of the General Division of the High Court as is specified in this Act; and | | (c) | the general supervisory and revisionary jurisdiction of the General Division of the High Court over the Family Courts, the Youth Courts and the Tribunal for the Maintenance of Parents. [40/2019] |
| (2) Subject to this Act, the provisions of the Supreme Court of Judicature Act 1969 apply to the Family Division of the High Court. |
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| Family Courts and Youth Courts |
5. There shall be within Singapore the following subordinate courts with such jurisdiction as is conferred by this Act or any other written law:| (a) | Family Courts; | | (b) | Youth Courts. |
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| 6. [Repealed by Act 25 of 2021 wef 01/04/2022] |
| 7. The Family Justice Courts are to have and use as occasion may require a seal or seals of such nature as the Chief Justice may, by notification in the Gazette, prescribe. |
| 8. All writs, summonses, warrants, orders, notices and other mandatory processes issued by the Family Justice Courts must be signed by a judicial officer and must bear the seal of the court issuing the same. |
| Sittings of Family Courts and Youth Courts |
9.—(1) Subject to subsection (2), every Family Court and every Youth Court sits on every day of the year except on Saturdays, Sundays and public holidays.(2) Despite subsection (1), a judicial officer may lawfully sit on a Saturday, Sunday or public holiday or during a vacation authorised under section 38 if —| (a) | the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, has directed the judicial officer to sit on that day or during that vacation; or | | (b) | in the opinion of the judicial officer, the business to be despatched is extremely urgent. |
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| (3) Every Family Court and every Youth Court sits at such times and at such places as the Chief Justice may from time to time appoint. [Act 25 of 2021 wef 01/04/2022] |
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| Sittings in private, etc. |
| 10.—(1) Subject to subsection (2), all matters and proceedings in a Family Justice Court must be heard in private. [Act 25 of 2021 wef 01/04/2022] | (2) A Family Justice Court has power to hear any matter or any part thereof in an open and public court, or by way of an open and public hearing, to which the public generally may have access, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so. [Act 25 of 2021 wef 01/04/2022] |
(3) A Family Justice Court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so, order that any of the following, which is contained in any court document or intended to be produced before the Court, be removed or be sufficiently redacted:| (a) | the name, address or photograph of any witness in that matter or proceeding; | | (b) | any evidence or any other thing likely to lead to the identification of any such witness by any person other than a party to that matter or proceeding; [Act 25 of 2021 wef 01/04/2022] | | (c) | any information that, if disclosed, may be prejudicial to the national interest or national security of Singapore. [Act 25 of 2021 wef 01/04/2022] |
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(4) A Family Justice Court may at any time order that no person is to —| (a) | publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; [Act 25 of 2021 wef 01/04/2022] | | (b) | do any other act which is likely to lead to the identification of any witness mentioned in paragraph (a); or [Act 25 of 2021 wef 01/04/2022] | | (c) | publish any information relating to any matter or proceeding before the court that, if disclosed, may be prejudicial to the national interest or national security of Singapore. [Act 25 of 2021 wef 01/04/2022] |
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| (5) Any person who acts in contravention of any order under subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. |
| (6) Section 8 of the Supreme Court of Judicature Act 1969 does not apply to the Family Division of the High Court. |
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| Court may conduct hearing through electronic means of communication |
11.—(1) Without limiting section 10, a Family Justice Court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Criminal Procedure Rules or the Family Justice Rules) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice.| (2) Subsection (1) does not affect the operation of section 26A of the Administration of Justice (Protection) Act 2016, section 62A of the Evidence Act 1893* and section 281 of the Criminal Procedure Code 2010*. [*Updated to be consistent with the 2020 Revised Edition] |
(3) A Family Justice Court must not conduct any part of a hearing of a matter through a live audio link only, without an accompanying live video link or live television link —| (a) | where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal or quasi-criminal proceeding; | | (b) | where oral evidence is given during that part of the hearing (including in a trial of an action) in a civil proceeding, unless all the parties consent; or | | (c) | where the matter is prescribed by the Criminal Procedure Rules or the Family Justice Rules. |
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| (4) For the purposes of subsection (3), a court is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly. |
| (5) A Family Justice Court must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties. |
| (6) A Family Court or a Youth Court is deemed to be sitting at a place appointed under section 9(3) when the court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any judicial officer of the court is situated in Singapore or outside Singapore). [Act 25 of 2021 wef 01/04/2022] |
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