Section 236
Remarks as to demeanour of witness
A Magistrate recording the evidence of a witness may, at the conclusion of such evidence and at the foot of the notes thereof, reiord such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.
Judge to take notes of evidence 236A. In all criminal cases before the High Court, the presiding Judge shall take down in writing notes of the evidence adduced.
Other persons may be authorised to take notes of evidence 236AA. Notwithstanding any provisions of this Code, a Judge or
Magistrate in an inquiry or trial may cause verbatim notes of evidence to be taken by another person of what each witness deposes, in addition to any note of the substance of what each witness deposes which may be made or taken by the Judge or Magistrate himself, and the verbatim notes shall form part of the record.
Evidence through live video or live television links 236B.
(1)
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.
(2)
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 -
(a)
an application for bail or release on personal bond;
(b)
an extension of the remand of an accused under section 223.
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(3)
The 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;
@)
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;
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.
(4)
The 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;
@)
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; or
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(e)
there has been a material change in the circumstances after the 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 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.
(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 Court.
(7)
In subsections (3), (5) and (6), a reference to "witness"
includes a reference to an accused who appears before a Court through a live video or live television link under subsection (2).
(8)
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.
Video recordings of evidence from child-witnesses 236C. (1) This section applies in relation to proceedings for an offence to which section 236B(2) applies.
(2)
In such proceedings, a video recording of an interview which -
(a)
is conducted between an adult and a child who is not an accused, (in this section referred to as the child-witness); and
@)
relates to any matter in issue in those proceedings, may, with the leave of the Court, be given in evidence in so far as it is not excluded under subsection (3).
(3)
Where a video recording is tendered in evidence under this section, the Court shall (subject to the exercise of any power to exclude evidence which is otherwise admissible) give leave under subsection (2), unless it is empowered to refuse such leave under subsection (4).
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(4)
The Court shall refuse leave under subsection (2) 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 section 236B;
(6)
any rules of court requiring disclosure of the circumstances in which the video recording was made have not been complied with to its satisfaction; or
(c)
the Court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the video recording ought not to be admitted.
(5)
The Court may, if it gives leave under subsection (2) 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.
(6)
In considering whether any part of a video recording ought to be excluded under subsection (5), the 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.
(7)
Where a video recording has been admitted in evidence under 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 236B; and
(6)
the child-witness shall not be examined-in-chief on any matter which, in the opinion of the Court, has been dealt with in his video recording evidence.
(8)
Where a video recording has been given in evidence under this section, any statement made by the child-witness which is disclosed by the video recording shall be treated as if made by him in direct order evidence; and accordingly -
(a)
such statement shall be admissible evidence of any fact of which such evidence from him would be admissible;
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(21)
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 fiom which any inference can reasonably be drawn, whether as to its accuracy or otherwise.
(9)
A Magistrate holding a preliminary inquiry under
Chapter XVII may consider any video recording in respect of which leave under subsection (2) is to be sought at the trial, notwithstanding that the child-witness is not called at the preliminary inquiry.
(10)
Nothing in this section prejudices the admissibility of any video recording which would be admissible apart from this section.
(1 1) In this section -
"child" means a person who is under 14 years of age 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.