Sittings in private
8.—(1)  The place in which any court is held for the purpose of trying any cause or matter, civil or criminal, is deemed an open and public court to which the public generally may have access.
(2)  The court has power to hear any matter or proceeding or any part thereof in private if the court is 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.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(2AA)  Any application for a matter or proceeding to be held in private, on the grounds that it is expedient in the national interest or national security of Singapore to do so, is to be heard in private.
[Act 25 of 2021 wef 01/04/2022]
(2AB)  The court has the power to hear any application mentioned in subsection (2AA), or any part of such an application, otherwise than in private, if the court is satisfied that —
(a)it is expedient in the interests of justice to hear the application or part of the application otherwise than in private; and
(b)it is not prejudicial to the national interest or national security of Singapore to hear the application or part of the application otherwise than in private.
[Act 25 of 2021 wef 01/04/2022]
(2A)  A 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 —
(a)the name, address or photograph of any witness;
[Act 25 of 2021 wef 01/04/2022]
(b)any evidence or any other thing likely to lead to the identification of such witness by a person other than the party to that matter or proceeding; or
[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,
which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted.
[15/2010]
[Act 25 of 2021 wef 01/04/2022]
(3)  A 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
[15/2010]
[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]
(4)  Any person who acts in contravention of any order under subsection (2A) or (3) 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.
[15/2010]
(5)  A court that hears the whole or any part of any matter or proceeding in private may, in its discretion, permit any of the following individuals to be present in the courtroom while that matter or proceeding is heard in private:
(a)any journalist who reports news for a newspaper or a broadcasting service;
(b)any individual whom the court determines has a sufficient interest in that matter or proceeding;
(c)any other individual that the court specifies in any particular case.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(6)  For the purposes of subsection (2), the matters that the court may consider, when deciding whether 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 hear the whole or any part of any matter or proceeding in private, include the following matters:
(a)whether the defence of any accused person in that matter or proceeding will be prejudiced by the presence of any member of the public in the courtroom;
(b)whether any accused person or witness in that matter or proceeding has any legitimate interest in privacy that needs to be protected;
(c)whether the object of that matter or proceeding will be defeated by publicity if that matter or proceeding is heard in open court;
(d)whether any accused person or witness in that matter or proceeding has any legitimate interest in protecting the confidentiality of any information that may be disclosed during the hearing of that matter or proceeding;
(e)whether any information that may be disclosed during the hearing of that matter or proceeding will be prejudicial to the interests of Singapore.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(7)  In this section —
“broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994;
“newspaper” has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]