Singapore legislation

Clause 14

of Courts (Civil and Criminal Justice) Reform Bill

Clause 14

Amendment of section 281

Section 281 of the Criminal Procedure Code is amended —

(a)

by inserting, immediately after the word “satisfied” in subsection (1)(c), the words “, having regard to matters prescribed by the Criminal Procedure Rules,”;

(b)

by deleting subsection (2A);

(c)

by deleting the words “who is not a juvenile” in subsection (4);

(d)

by inserting, immediately after the words “subsection (4)” in subsection (5), the words “or (5A)”;

(e)

by inserting, immediately after subsection (5), the following subsections:“(5A) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), if the court is satisfied that it is in the interests of justice and that sufficient administrative and technical facilities and arrangements are made at the place from which an accused person is to give evidence or to appear, allow the accused person to give evidence or to appear (other than to give evidence) by means of a live video or live television link from —

(a)

a place within a court, a prison, an approved centre or an approved institution in Singapore; or

(b)

any other place in Singapore —

(i)

in proceedings where all parties consent to the accused person giving evidence or appearing from that place; or

(ii)

in any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice.(5B) Despite any provision of this Code or of any other written law, a court may, in any court proceedings (whether a trial, an inquiry, an appeal or other court proceedings), allow a witness (not being the accused) who is not in Singapore to give evidence from a place that is not in Singapore by means of a live video or live television link, if —

(a)

the court is satisfied that allowing the witness to give evidence from a place that is not in Singapore by means of a live video or live television link would be in the interests of justice;

(b)

the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and (c)any one of the following conditions is satisfied:

(i)

the witness is an expert witness;

(ii)

the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore;

(iii)

the witness —

(A)

is a witness of fact;

(B)

is unable to give evidence from a place in Singapore; and

(C)

has —

(CA)sworn an affidavit in the manner provided in section 262(1) containing the evidence which the witness proposes to give to the court;

(CB)made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act containing the evidence which the witness proposes to give to the court; or

(CC)

made a statement under section 264 containing the evidence which the witness proposes to give to the court.(5C) For the purposes of subsection (5B)(c)(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because —

(a)

the witness fears arrest in Singapore or in any other jurisdiction;

(b)

the witness fears prosecution in Singapore or in any other jurisdiction; or

(c)

a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction.”;

(f)

by deleting the words “subsection (1), (3) or (4)” in subsection (6) and substituting the words “subsection (1), (3), (4), (5A) or (5B)”;

(g)

by deleting the full‑stop at the end of paragraph (h) of subsection (6) and substituting a semi-colon, and by inserting immediately thereafter the following paragraph:“(i)any other matter prescribed by the Criminal Procedure Rules.”;

(h)

by deleting the word “or” at the end of subsection (7)(d);

(i)

by deleting the full‑stop at the end of paragraph (e) of subsection (7) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraph:“(f)any conditions prescribed by the Criminal Procedure Rules for the purposes of this subsection are met.”;

(j)

by inserting, immediately after subsection (8), the following subsection:“(8A) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by the Criminal Procedure Rules.”;

(k)

by inserting, immediately after the words “live television link” in subsection (10), the words “under this section”;

(l)

by deleting the words “(3) or (4)” in subsection (12) and substituting the words “(3), (4) or (5A)”; and

(m)

by deleting subsection (13) and substituting the following subsections:“(13) An accused person is deemed to attend court at the place appointed for the accused to do so, if the accused person appears before the court in accordance with subsection (5A).(14) Criminal Procedure Rules may be made under section 428A to give effect to this section and for prescribing anything that may be prescribed under this section.(15) The Minister may, after consulting the Chief Justice, make regulations to prescribe any offence for the purposes of subsection (2)(e) or any proceedings for the purposes of subsection (3)(e) or (5A)(b)(ii).(16) In this section —“approved centre” means an approved centre declared under section 18 of the Intoxicating Substances Act;“approved institution” means an approved institution declared under section 35 of the Misuse of Drugs Act;“live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice.”.

Clause 14 — Courts (Civil and Criminal Justice) Reform Bill