Criminal Procedure Code · 2021 Revised Edition · Chapter XX7I1
236B. Evidence through live video or live television links
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding any provisions of this Code or of any other written law, but subject to the provisions of this section, a person, other than the accused, whether within or outside Brunei Darussalam, may with the leave of the Court, give evidence through a live video or live television link in any inquiry, trial, appeal or other proceedings if the Court is satisfied that it is expedient in the interests of justice to do so.
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 Brunei Darussalam in proceedings for any of the following matters -
an application for bail or release on personal bond;
an extension of the remand of an accused under section 223.
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The Court may, in exercising its powers under subsection (1)
or (2), 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;
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the persons who may 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;
(g;) any other order that the Court considers necessary in the interests of justice.
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;
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it is necessary for the Court to do so to comply with its duty to ensure fairness in the proceedings;
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;
it is necessary for the Court to do so because part of the proceedings is being heard outside a courtroom; or
there has been a material change in the circumstances after the Court has made the order.
Evidence given by a witness, whether within or outside
Brunei Darussalam, through a live video or live television link by virtue of this section or of any other written law is deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code (Chapter 22) as having been given in the proceedings in which it is given.
Where a witness gives evidence in accordance with this section or any other written law, he is deemed for the purposes of this Code to be giving evidence in the presence of the Court.
In subsections (3), (5) and (6), a reference to "witness"
reference
"reference" means a reference of a point of law to the Court of Appeal under this Chapter. Reference to Court of Appeal 406.
includes a reference to an accused who appears before a Court through a live video or live television link under subsection (2).
Where leave is given under subsection (1) in the case of any proceedings for the evidence to be given through a television link, a Court may sit, for the purpose of the whole or part of those proceedings, at a Court or at such other place as may be determined by a Judge, Magistrate or
Registrar for the purposes of this section.
Registrar
"Registrar" means the Chief Registrar, a Deputy Chief Registrar, a Senior Registrar or a Registrar of the Supreme Court and includes a Deputy or Assistant Registrar;
Terms defined in this Act
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
reference
Defined · s 405"reference" means a reference of a point of law to the Court of Appeal under this Chapter. Reference to Court of Appeal 406.
Registrar
Defined · s 2"Registrar" means the Chief Registrar, a Deputy Chief Registrar, a Senior Registrar or a Registrar of the Supreme Court and includes a Deputy or Assistant Registrar;
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part