Singapore legislation
Clause 6
Clause 6
New section 26A
The Administration of Justice (Protection) Act 2016 is amended by inserting, immediately after section 26, the following section:“Evidence through video or television links26A.—
Despite any other written law, but subject to this section, in any proceedings brought against a person for contempt of court, a court may only grant permission for the person against whom those proceedings are brought to give evidence or to appear (other than to give evidence) by means of a live video or live television link, if —
the court is satisfied that —
it is in the interests of justice for that person to give evidence or to appear (other than to give evidence) by means of a live video or live television link; and
sufficient administrative and technical facilities and arrangements are made at the place from which that person is to give evidence or to appear; and
that person gives evidence or appears (other than to give evidence) by means of a live video or live television link from —
a place within a court or a prison in Singapore; or
any other place in Singapore, where all parties consent to that person giving evidence or appearing from that place.(2) Despite any other written law, but subject to this section, in any proceedings mentioned in subsection (1), the court may grant permission for a witness (not being the person against whom the proceedings are brought) in Singapore to give evidence from a place in Singapore by means of a live video or live television link, if —
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
any one of the following conditions is satisfied:
the witness is below the age of 18 years;
it is expressly agreed between the parties to the proceedings that evidence may be so given;
the court is satisfied that it is expedient in the interests of justice to do so.(3) Despite any other written law, but subject to this section, in any proceedings mentioned in subsection (1), a court may only grant permission for a witness (not being the person against whom the proceedings are brought) 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 —
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;
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
any one of the following conditions is satisfied:
the witness is an expert witness;
the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore;
the witness —
is a witness of fact;
is unable to give evidence from a place in Singapore; and
has —
(CA)sworn an affidavit, in accordance with any Rules of Court or Family Justice Rules governing such affidavit, containing the evidence‑in‑chief which the witness proposes to give to the court; or
(CB)made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act containing the evidence‑in‑chief which the witness proposes to give to the court.(4) For the purposes of subsection (3)(c)(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because —
the witness fears arrest in Singapore or in any other jurisdiction;
the witness fears prosecution in Singapore or in any other jurisdiction; or
a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction.(5) The court may, in granting permission under subsection (1), (2) or (3), make an order on all or any of the following matters:
the persons who may be present at the place where the witness is giving evidence;
that a person be excluded from the place while the witness is giving evidence;
the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness;
the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
the stages in the proceedings during which a specified part of the order is to have effect;
the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; (h)any other order the court considers necessary in the interests of justice;
any other matter prescribed by rules made under subsection (13) for the purposes of this subsection.(6) The court may revoke, suspend or vary an order made under this section if —
the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties to the proceedings;
it is necessary for the court to do so, so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment;
it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom;
there has been a material change in the circumstances after the court has made an order; or
any conditions prescribed by rules made under subsection (13) for the purposes of this subsection are met.(7) A court may, if the court considers it necessary, either on the court’s own motion or on the application of a person against whom proceedings for contempt of court are brought, require a person against whom proceedings for contempt of court are brought to be produced in person before the court in proceedings mentioned in subsection (1).(8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.(9) 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 rules made under subsection (13).(10) An order made under subsection (2) does not cease to have effect merely because the person in respect of whom the order was made attains the age of 18 years before the proceedings in which the order was made are finally determined.(11) Evidence given by a witness (whether in Singapore or elsewhere), or a person against whom proceedings are brought for contempt of court, through a live video or live television link by virtue of this section is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code as having been given in the proceedings in which the evidence is given.(12) Where a person gives evidence in accordance with this section, the person is, for the purposes of the Evidence Act, deemed to be giving evidence in the presence of the court.(13) The Rules Committee constituted under the Supreme Court of Judicature Act, and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section.(14) In this section, “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.”.