Clause 21

by deleting the word “If” in section 93(2) and substituting the words “Subject to section 95(1), if”;

by deleting the words “death, imprisonment for life or imprisonment for a term of 20 years or more” in section 95(1)(a) and substituting the words “death or imprisonment for life”;

by deleting subsection (2) of section 95 and substituting the following subsection:“(2) Notwithstanding subsection (1), the court may —

direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; or (b) release on bail an accused charged with an offence referred to in subsection (1)(a), if —

the offence is also punishable with an alternative punishment other than death or life imprisonment; and

the offence is to be tried before a District Court or a Magistrate’s Court.”;

by inserting, immediately after the words “permitted by” in section 104(1)(c), the words “the police officer referred to in section 92 or 93 (as the case may be) or”;

by deleting the words “in custody for not more than 8 days at a time” in section 174 and substituting the words “in accordance with section 238”;

by repealing section 238 and substituting the following section:“Power to postpone or adjourn proceedings238.—

The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.(2) Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand him in custody as it thinks fit.(3) If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time.(4) If the accused is on bail, the court may extend the bail.(5) The court must record in writing the reasons for the postponement or adjournment of the proceedings.”;

by deleting subsection (6) of section 377 and substituting the following subsections:“(6) Subject to subsection (6A), where an appellant makes an application pursuant to subsection (5), he shall be served with a copy each of the record of proceedings and the grounds of decision upon the payment of the prescribed fee.(6A) The Registrar of the Subordinate Courts or the Registrar of the Supreme Court, as the case may be, may, as he thinks fit, furnish copies of the record of proceedings and the grounds of decision free of charge in any specific case or category of cases.”; and

by inserting, immediately after paragraph (d) of section 428(2), the following paragraph:“(da) in relation to documents being filed with, served on, delivered or otherwise conveyed to any court or any party to any criminal matter —

the establishment of any electronic filing service and any other matter which relates to the use or operation of the electronic filing service;

the manner and form of any such filing, service, delivery or conveyance;

the modification of such provisions of the Evidence Act (Cap. 97) as may be necessary for the purpose of facilitating the use in court of documents filed, served, delivered or conveyed using the electronic filing service;

the burden of proof and rebuttable presumptions in relation to the identity and authority of the person filing, serving, delivering or conveying the documents by the use of the electronic filing service;

the authentication of documents filed, served, delivered or conveyed by the use of the electronic filing service; and

the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings which involve the use or operation of the electronic filing service;”.