Section 145
Other person may also be authorised to take down notes of evidence
of Syariah Courts Criminal Procedure Code
Nothing in this Chapter shall prevent a Syar'ie Judge in an inquiry or trial directing complete notes to be taken or recorded officially by other person as to the evidence of a witness in addition to the evidence taken down by the Syar'ie Judge himself and such note shall form part of the record.
Evidence through live video or live television links 146.
(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).
Video recordings of evidence from child witnesses 147.
(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).
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(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
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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.