EVIDENCE THROUGH LIVE VIDEO OR LIVE TELEVISION LINKS
Prescribed matters to which court is to have regard
7.—(1) For the purposes of section 281(8A) of the Code, in making any order allowing an accused person to give evidence or to appear (other than to give evidence) by means of a live video or live television link under section 281(5A) of the Code, a court is to have regard to the following matters:
(a)
whether the order would affect the ability of any of the following persons to effectively conduct the defence of the accused person:
(i)
the accused person;
(ii)
an advocate representing the accused person;
(iii)
any person assisting a child or young person (who is charged with an offence) in the child’s or young person’s defence to the charge;
(b)
whether the order would affect the ability of the prosecutor to effectively conduct the prosecution of the accused person;
(c)
whether the order would affect the ability of the accused person to consult and instruct his or her advocate in private;
(d)
whether adequate technical measures are available to the court —
(i)
to verify the identities of persons giving evidence or appearing by means of the live video or live television link;
(ii)
to prevent the accused person from being coached or coerced while giving evidence or appearing by means of the live video or live television link;
(iii)
to prevent the proceedings from being recorded; and
(iv)
to control and restrict the persons who are able to access or observe the proceedings;
(e)
the likelihood that the court may require the accused person to handle any physical evidence;
(f)
whether a judgment or order requiring the accused person to be taken into custody may be delivered or made during the proceedings.
(2) For the purposes of section 281(8A) of the Code, in making any order allowing a witness (not being the accused person) to give evidence by means of a live video or live television link under section 281(1) or (5B) of the Code, a court is to have regard to the following matters:
(a)
whether the order would affect the ability of any of the following persons to effectively conduct the defence of the accused person:
(i)
the accused person;
(ii)
an advocate representing the accused person;
(iii)
any person assisting a child or young person (who is charged with an offence) in the child’s or young person’s defence to the charge;
(b)
whether the order would affect the ability of the prosecutor to effectively conduct the prosecution of the accused person;
(c)
whether adequate technical measures are available to the court —
(i)
to verify the identities of persons giving evidence by means of the live video or live television link;
(ii)
to prevent the witness from being coached or coerced while giving evidence by means of the live video or live television link;
(iii)
to prevent the proceedings from being recorded; and
(iv)
to control and restrict the persons who are able to access or observe the proceedings;
(d)
the likelihood that the court may require the witness to handle any physical evidence;
(e)
in the case of an order under section 281(1) of the Code — any report prepared by a psychiatrist or psychologist on how the witness may be affected if the witness is required to give evidence in the presence of the accused person, where the report is placed before the court;
(f)
in the case of an order under section 281(5B) of the Code allowing an expert witness to give evidence from a place that is not in Singapore — the reason why the expert witness is not giving evidence from Singapore.