(a)the witness is below the2021182021 age2021years2021 of 162020182020·2021 years;2021age;2021
Section history
Section 281 — Evidence through video or television links
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(1)Notwithstanding2021Despite2021 any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proceedings if —
(b)the offence charged is an offence specified in subsection (2);
(c)the court is satisfied, having regard to matters prescribed by the Criminal Procedure Rules,2022 that it is in the interests of justice to do so; or
(ca)an offence punishable under the Organised Crime Act 2015;
(d)the Minister certifies that it is in the public interest to do so.
(2)The offences for the purposes of subsection (1)(b) are —
(a)an offence that involves an assault on or injury or a threat of injury to persons, including an offence under sections 319 to 338 of the Penal Code (Cap. 224);20211871;2021
(aa)an offence under section 356, 357 or 358 of the Penal Code;2021Code 1871;2021
Paragraph (b) — Original text to 31 October 2018superseded
(b)an offence under Part II of the Children and Young Persons Act (Cap. 38) (relating to protection of children and young persons);
Paragraph (b) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(b)a child abuse offence;
Paragraph (c) — Original text to 31 October 2018superseded
(c)an offence under sections 354 to 358 and sections 375 to 377B of the Penal Code;
Paragraph (c) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(c)an offence under section 24(2)202128(2)2021 of the Children and Young Persons Act (Cap. 38);20211993;2021
(ca)an offence punishable under the Organised Crime Act 2015;
Paragraph (d) — Original text to 31 October 2018superseded
(d)an offence under Part XI of the Women’s Charter (Cap. 353) (relating to offences against women and girls); and
Paragraph (d) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(d)a sexual offence;
(da)an offence under section 169(3) of the Women’s Charter (Cap. 353);20211961;2021 and
(e)any other offence that the Minister may, after consulting the Chief Justice, prescribe.
Subsection (2A) — 31 October 2018 to 1 April 2022superseded
(2A)Where a psychiatrist or psychologist has prepared a report on how a witness may be affected if the witness is required to give evidence in the presence of the accused, and that report is placed before the court, the court must consider that report before deciding whether to allow under subsection (1) the evidence of the witness to be given through a live video or live television link.
Subsection (2A) — From 1 April 2022 (current)repealed by Courts (Civil and Criminal Justice) Reform Act 2021
(2A)[Deleted by Act 25 of 2021 wef 01/04/2022]
Subsection (3) — Original text to 31 October 2018superseded
(3)Notwithstanding any provision of this Code or of any other written law, the court may order an accused to appear before it through a live video or live television link while in remand in Singapore in proceedings for any of the following matters:
(a)an application for bail or release on personal bond at any time after an accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution;
(b)an extension of the remand of an accused under section 238; and
(c)any other matters that the Minister may, after consulting the Chief Justice, prescribe.
Subsection (3) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(3)Despite any provision of this Code or of any other written law, unless the court directs otherwise, while an accused is in remand in Singapore, the accused is to appear before the court through a live video or live television link in any of the following proceedings:
(a)proceedings for an application for bail or release on personal bond at any time after the accused is first produced before a Magistrate pursuant to Article 9(4) of the Constitution;
(b)proceedings for an extension of the remand of the accused under section 238;
(c)proceedings for a State Court to record a plea of guilty from the accused, and to convict the accused;
(d)proceedings in a State Court for the sentencing of the accused, after the conviction of the accused in earlier proceedings;
(e)any other proceedings that the Minister may prescribe by regulations under this section, after consulting the Chief Justice.
(4)Notwithstanding2021Despite2021 any provision of this Code or of any other written law but subject to subsection (5), an accused who is not a juvenile 2022may appear before the court through a live video or live television link while in remand in Singapore in proceedings for an application for remand or for bail or for release on personal bond when he2021the accused2021 is first produced before a Magistrate pursuant to Article 9(4) of the Constitution.
(5)A court may, if it considers it necessary, either on its own motion or on the application of an accused, require an accused to be produced in person before it in proceedings referred to2021mentioned2021 in subsection (4) or (5A)2022.
(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 2001† 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.
(6)In exercising its powers under subsection (1), (3) or (4)2022(3), (4), (5A) or (5B)2022, the court may make an order on all or any of the following matters:
(a)the persons who may be present at the place with the witness;
(b)that a person be kept away from the place while the witness is giving evidence;
(c)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;
(d)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;
(e)the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f)the stages in the proceedings during which a specified part of the order is to apply;
(g)the method of operation of the live video or live2012 television link system including compliance with such minimum technical standards as may be determined by 2021the Chief Justice;2021Justice may determine;2021
(h)any other order that the court considers necessary in the interests of justice.2022justice;2022
(i)any other matter prescribed by the Criminal Procedure Rules.
(7)The court may revoke, suspend or vary an order made under this section if —
(a)the live video or live2012 television link system stops working and it would cause unreasonable delay to wait until a working system becomes available;
(b)it is necessary for the court to do so to comply with its duty to ensure fairness in the proceedings;
(c)it is necessary for the court to do so in order 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;
(d)it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; or2022
(e)there has been a material change in the circumstances after the court has made the order.2022order;2022
(f)any conditions prescribed by the Criminal Procedure Rules for the purposes of this subsection are met.
(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 its duty to ensure that the proceedings are conducted fairly to all parties.
(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.
(9)An order made under this section does not cease to apply merely because the person in respect of whom it was made reaches the2021182021 age2021years2021 of 162020182020·2021 years2021age2021 before the proceedings in which it was made are finally concluded.
(10)When a witness gives evidence in proceedings through a live video or live2012 television link under this section2022, the evidence is to be regarded for the purposes of sections 193, 194, 195, 196, 205 and 2092020 and 2052020 of the Penal Code 1871 2021(Cap. 224) 2012as having been given in those proceedings.
(11)If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act (Cap.20211893,2021 97),2021the2021 he2021witness2021 is regarded as giving evidence in the presence of the court and the accused, as the case may be.
(12)In subsections (6), (10) and (11), a reference to “witness” includes a reference to an accused who appears before a court through a live video or live 2012television link under subsection (3) or (4).2022(3), (4) or (5A).2022
Subsection (13) — Original text to 1 April 2022superseded
(13)The Chief Justice may make such rules as appear to him2021the Chief Justice2021 to be necessary or expedient to give effect to this section and for prescribing anything that may be prescribed under this section.
Subsection (13) — From 1 April 2022 (current)rewritten by Courts (Civil and Criminal Justice) Reform Act 2021
(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 1987†;
“approved institution” means an approved institution declared under section 35 of the Misuse of Drugs Act 1973†;
“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.