Syariah Courts Criminal Procedure Code · s 147

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147.
Video recordings of evidence from child witnesses
(1) In proceedings to which section 146 applies, a video recording of an interview which -
(a) is conducted between an adult and a child who is not an accused, which child is in this section referred to as the child witness;
and
(b) relates to any matter in issue in those proceedings, may, with the leave of the Syariah Court, be given in evidence in so far as it a is not excluded under subsection (2).

Sj~uriah Cozr rts
Crin~inal Procedure Code
CAP. 224 97
•
(2) Where a video recording is tendered in evidence under this section, the Syariah Court shall (subject to the exercise of any power to exclude evidence which is otherwise admissible) give leave under subsection (1). unless it is empowered to refuse such leave under subsection
(3).
(3) The Syariah Court shall refuse leave under subsection (1) if -
(a) it appears that the child witness will not be available for cross-examination, either in person or through a live television link under sectioi? 146;
(b) any rules of Syariah Court requiring disclosure of the circumstances in which the video recording was made have not been complied with to its satisfaction; or
(c) the Syariah Court is of the opinion, having regard to all the circuinstances of the case, that in the interests of justice the video recording ought not to be admitted.
(4) The Syariah Court may, if it gives leave under subsection (1) and is of the opinion that in the interests of justice any part of the video recording ought not to be admitted, direct that such part shall be excluded.
( 5 )  In considering whether any part of a video recording ought to be excluded under subsection (4), the Syariah Court shall consider whether any prejudice to an accused. which might result from the admission to that part, is outweighed by the desirability of showing the whole or substantially the whole of the video recording.
(6) Where a video recording has been admitted in evidence under
-
a this section -
(a) the child witness shall be called by the party who tendered it in evidence, either in person or through a live television link under section 146; and
(b) the child witness shall not be examined-in-chief on any matter which, in the opinion of the Syariah Court, has been dealt with in his video recording evidence.
(7) Where a video recording has been given in evidence under this section, any statement made by the child witness which is disclosed by the
B. L.R. 0. -1~2021

Syariah Courts 98

Criminal Procedz4re Code video recording shall be treated as if made by him in direct oral evidence;
and accordingly -
(a) such statement shall be admissible evidence of any fact of which such evidence from him would be admissible;
(b) no such statement shall be capable of corroborating any other evidence given by him, and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn, whether as to its accuracy or otherwise.
(8) Nothing in this section prejudices the admissibility of any video recording which would be admissible apart from this section.
(9) In this section -
"child" means a person who is not mukallaf when the video recording was made;
"statement" includes any representation of fact, whether made in words or otherwise;
"video recording" means any recording, on any medium. from which a moving image may by any means be produced, and includes the accompanying sound track.

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s 147Video recordings of evidence from child witnesses

(1)

In proceedings to which section 146 applies, a video recording of an interview which -

(a)

is conducted between an adult and a child who is not an accused, which child is in this section referred to as the child witness;

and

(b)

relates to any matter in issue in those proceedings, may, with the leave of the Syariah Court, be given in evidence in so far as it a is not excluded under subsection (2).

Sj~uriah Cozr rts

Crin~inal Procedure Code

CAP. 224 97

•

(2)

Where a video recording is tendered in evidence under this section, the Syariah Court shall (subject to the exercise of any power to exclude evidence which is otherwise admissible) give leave under subsection (1). unless it is empowered to refuse such leave under subsection

(3)

The Syariah Court shall refuse leave under subsection (1) if -

(a)

it appears that the child witness will not be available for cross-examination, either in person or through a live television link under sectioi? 146;

(b)

any rules of Syariah Court requiring disclosure of the circumstances in which the video recording was made have not been complied with to its satisfaction; or

(c)

the Syariah Court is of the opinion, having regard to all the circuinstances of the case, that in the interests of justice the video recording ought not to be admitted.

(4)

The Syariah Court may, if it gives leave under subsection (1) and is of the opinion that in the interests of justice any part of the video recording ought not to be admitted, direct that such part shall be excluded.

( 5 ) In considering whether any part of a video recording ought to be excluded under subsection (4), the Syariah Court shall consider whether any prejudice to an accused. which might result from the admission to that part, is outweighed by the desirability of showing the whole or substantially the whole of the video recording.

(6)

Where a video recording has been admitted in evidence under

a this section -

(a)

the child witness shall be called by the party who tendered it in evidence, either in person or through a live television link under section 146; and

(b)

the child witness shall not be examined-in-chief on any matter which, in the opinion of the Syariah Court, has been dealt with in his video recording evidence.

(7)

Where a video recording has been given in evidence under this section, any statement made by the child witness which is disclosed by the

B. L.R. 0. -1~2021

Syariah Courts 98

Criminal Procedz4re Code video recording shall be treated as if made by him in direct oral evidence;

and accordingly -

(a)

such statement shall be admissible evidence of any fact of which such evidence from him would be admissible;

(b)

no such statement shall be capable of corroborating any other evidence given by him, and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn, whether as to its accuracy or otherwise.

(8)

Nothing in this section prejudices the admissibility of any video recording which would be admissible apart from this section.

(9)

In this section -

"child" means a person who is not mukallaf when the video recording was made;

"statement" includes any representation of fact, whether made in words or otherwise;

"video recording" means any recording, on any medium. from which a moving image may by any means be produced, and includes the accompanying sound track.