Singapore legislation

Clause 23

of Courts (Civil and Criminal Justice) Reform Bill

Clause 23

New section 11

The Family Justice Act 2014 is amended by inserting, immediately after section 10, the following section:“Court may conduct hearing through electronic means of communication 11.—

(1)

Without limiting section 10, a Family Justice Court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Criminal Procedure Rules or the Family Justice Rules) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice.(2) Subsection (1) does not affect the operation of section 26A of the Administration of Justice (Protection) Act 2016, section 62A of the Evidence Act and section 281 of the Criminal Procedure Code.(3) A Family Justice Court must not conduct any part of a hearing of a matter through a live audio link only, without an accompanying live video link or live television link —

(a)

where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal or quasi-criminal proceeding; (b)where oral evidence is given during that part of the hearing (including in a trial of an action) in a civil proceeding, unless all the parties consent; or

(c)

where the matter is prescribed by the Criminal Procedure Rules or the Family Justice Rules.(4) For the purposes of subsection (3), a court is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly.(5) A Family Justice Court must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties.(6) A Family Court or a Youth Court is deemed to be sitting at a place appointed under section 9(3) when the court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any judicial officer of the court is situated in Singapore or outside Singapore).”.