2. The Criminal Procedure Code is amended by inserting, immediately after section 364, the following section:| “Evidence through live video or live television links |
364A.—(1) Notwithstanding any other provision of this Act or the Evidence Act [Cap. 97], a person in Singapore (other than the accused person) may, with leave of the court, give evidence through a live video or live television link in any trial, inquiry, appeal or other proceedings if —| (a) | the witness is below the age of 16 years; | | (b) | the offence charged is an offence specified in subsection (2); | | (c) | the court is satisfied that it is expedient in the interest of justice to do so; or | | (d) | the Minister certifies that it is expedient in the public interest to do so. |
(2) The offences specified for the purposes of subsection (1)(b) are —| (a) | an offence which involves an assault on, or an injury or a threat of injury to, persons including but not limited to sections 319 to 338 of the Penal Code [Cap. 224]; | | (b) | an offence under Part II of the Children and Young Persons Act [Cap. 38] (relating to protection of children and young persons); | | (c) | an offence under sections 354 to 358 and sections 375 to 377 of the Penal Code; | | (d) | an offence under Part X of the Women’s Charter (relating to offences against women and girls) [Cap. 353]; and | | (e) | such other offences as the Minister may, after consulting the Chief Justice, prescribe. |
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(3) Notwithstanding any other provision of this Act or the Evidence Act, the court may, in its discretion, order an accused person to appear before it through a live video or live television link whilst in remand in Singapore in proceedings for any of the following matters:| (a) | any application for bail; | | (b) | any extension of the remand of an accused person under section 198; and | | (c) | such other matters as the Minister may, after consulting the Chief Justice, prescribe. |
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(4) The court may, in the exercise of its powers under subsection (1) or (3), make an order on any or all 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; and | | (h) | any other order which the court considers necessary in the interests of justice. |
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(5) 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; or | | (e) | there has been a material change in the circumstances after the court has made an order. |
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| (6) The court shall not 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. |
| (7) An order made under this section shall not cease to have effect merely because the person in respect of whom it was made attains the age of 16 years before the proceedings in which it was made are finally determined. |
| (8) Evidence given by a witness through a live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code [Cap. 224] as having been given in the proceedings in which it is given. |
| (9) Where a witness gives evidence in accordance with this section, he shall for the purposes of this Act and the Evidence Act [Cap. 97] be deemed to be giving evidence in the presence of the court, the accused person or his advocate, as the case may be. |
| (10) In subsections (4), (8) and (9), a reference to “witness” shall include a reference to an accused person who appears before a court through a live video or live television link under subsection (3). |
| (11) The Chief Justice may make such rules as appear to him 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.”. |
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