Singapore legislation

Clause 81

New sections 281A and 281B

The Code is amended by inserting, immediately after section 281, the following sections:“Measures to prevent witness from seeing accused281A.—

(1)

Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if —

(a)

the witness is below 16 years of age;

(b)

the witness is the alleged victim of a sexual offence or child abuse offence that the accused is charged with; or

(c)

the court is satisfied that —

(i)

either or both of the following apply:

(A)

the witness is afraid of the accused, or of giving evidence in the presence of the accused;

(B)

the witness will be distressed if the witness is required to give evidence in the presence of the accused; and

(ii)

the reliability of the witness’ evidence will be diminished by such fear or distress (as the case may be).(2) The shielding measure must not prevent the witness from being able to see, and to be seen by, any of the following:

(a)

the court;

(b)

the prosecutor;

(c)

any advocate representing the accused;

(d)

any interpreter or other person appointed to assist the witness.(3) An order under subsection (1) does not cease to apply merely because the witness in respect of whom the order was made reaches 16 years of age before the proceedings in which the order was made are finally concluded.(4) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act (Cap. 97), the witness is regarded as giving evidence in the presence of the accused.(5) In this section, “shielding measure” means a screen or any other arrangement in a courtroom that prevents a witness from seeing the accused.Evidence to be given in camera in certain cases281B.—

(1)

Despite any provision of any other written law but subject to subsection (2), in any case where the accused is charged with a sexual offence or child abuse offence, the court must order that the evidence of a witness be given in camera, if —

(a)

the witness is the alleged victim of that offence; and

(b)

the witness does not elect to give evidence in an open and public court to which the public generally may have access.(2) Subsection (1) does not apply to a matter or proceeding if —

(a)

any other written law requires the matter or proceeding to be heard in camera; or

(b)

the court has ordered, under any other written law, that the matter or proceeding be heard in camera.”.

Read in full context — Criminal Justice Reform Bill →