Singapore legislation
Clause 43
Clause 43
Amendment of section 8
Section 8 of the State Courts Act is amended —
by deleting subsection (1) and substituting the following subsection:“(1) Without limiting section 7, a State Court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Rules of Court or the Criminal Procedure 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.”;
by inserting, immediately after the words “operation of” in subsection (2), the words “section 26A of the Administration of Justice (Protection) Act 2016,”; and
by inserting, immediately after subsection (2), the following subsections:“(3) A State 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 —
where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal proceeding;
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
where the matter is prescribed by the Rules of Court or the Criminal Procedure 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 State 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 State Court is deemed to be sitting at a place appointed under section 6A(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).”.