Syariah Courts Criminal Procedure Code · s 146

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146.
Evidence through live video or live television links
(1) Notwithstanding any provision of this Code or any other written law, but subject to the provisions of this section, a person other than an accused may, whether within or outside Brunei Darussalam, with the leave of the Syariah Court, give evidence through a live video or live television link in any inquiry, trial. appeal or other proceedings for an offence other than an offence punishable with hadd or qisas if the Syariah Court is satisfied that it is expedient in the interests of justice to do so.
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(2) Notwithstanding any provision of this Code or any other written law-. the Syariah 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 -
(u) an application for bail or release on personal bond;
(b) an extension of the remand of an accused under section 134.
(3) The Syariah Court may, in exercising its powers under subsection (1) or (2), make an order on all or any of the following matters -
(a) the persons who may be present at the place where the witness is giving evidence:
(b) the persons who may be excluded 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;
fl the stages in the proceedings during which a specified part of the order is to have effect;
(g) any other order that the Syariah Court considers necessary in the interests of justice.
(4) The Syariah Court may revoke, suspend or vary an order made under this section if -
(a) the live video or live 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 Syariah Court to do so to comply with its duty to ensure fairness in the proceedings;

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(c) it is necessary for the Syariah 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 Syariah Court to do so because part of the proceedings is being heard outside a courtroom; or
(e) there has been a material change in the circumstances after the Syariah Court has made the order.
(5) 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 any other written law is deemed for the purposes of section 234 of the Syariah Penal Code Order, 201 3 (S 691201 3) as having been given in the proceedings in which it is given.
(6) 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 Syariah Court.
(7) Where leave is given under subsection (1) in the case of any proceedings for evidence to be given through a television link, a Syariah
Court may sit, for the purpose of the whole or part of those proceedings, at a
Syariah Court or at such other place as has been appointed for the purposes of this section by a Syar'ie Judge or Registrar.
(8) In subsections (3), (5) and (6), a reference to a witness includes a reference to an accused who appears before a Syariah Court through a live video or live television link under subsection (2).

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s 146Evidence through live video or live television links

(1)

Notwithstanding any provision of this Code or any other written law, but subject to the provisions of this section, a person other than an accused may, whether within or outside Brunei Darussalam, with the leave of the Syariah Court, give evidence through a live video or live television link in any inquiry, trial. appeal or other proceedings for an offence other than an offence punishable with hadd or qisas if the Syariah Court is satisfied that it is expedient in the interests of justice to do so.

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(2)

Notwithstanding any provision of this Code or any other written law-. the Syariah 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 -

(u)

an application for bail or release on personal bond;

(b)

an extension of the remand of an accused under section 134.

(3)

The Syariah Court may, in exercising its powers under subsection (1) or (2), make an order on all or any of the following matters -

(a)

the persons who may be present at the place where the witness is giving evidence:

(b)

the persons who may be excluded 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;

fl the stages in the proceedings during which a specified part of the order is to have effect;

(g)

any other order that the Syariah Court considers necessary in the interests of justice.

(4)

The Syariah Court may revoke, suspend or vary an order made under this section if -

(a)

the live video or live 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 Syariah Court to do so to comply with its duty to ensure fairness in the proceedings;

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(c)

it is necessary for the Syariah 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 Syariah Court to do so because part of the proceedings is being heard outside a courtroom; or

(e)

there has been a material change in the circumstances after the Syariah Court has made the order.

(5)

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 any other written law is deemed for the purposes of section 234 of the Syariah Penal Code Order, 201 3 (S 691201 3) as having been given in the proceedings in which it is given.

(6)

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 Syariah Court.

(7)

Where leave is given under subsection (1) in the case of any proceedings for evidence to be given through a television link, a Syariah

Court may sit, for the purpose of the whole or part of those proceedings, at a

Syariah Court or at such other place as has been appointed for the purposes of this section by a Syar'ie Judge or Registrar.

(8)

In subsections (3), (5) and (6), a reference to a witness includes a reference to an accused who appears before a Syariah Court through a live video or live television link under subsection (2).