Part of a comprehensive analysis of the COVID-19 (Temporary Measures) Act 2020
All Parts in This Series
- PART 1
- PART 2
- PART 2
- PART 3
- PART 4
- PART 5 (this article)
- PART 6
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- Part 10
Remote Court Proceedings under the COVID-19 (Temporary Measures) Act 2020: Key Provisions and Their Purpose
The COVID-19 (Temporary Measures) Act 2020 introduced significant adaptations to Singapore’s judicial processes to ensure the administration of justice continues effectively during the pandemic. Central to these adaptations is Section 28, which empowers courts to conduct proceedings remotely via live video, television, or audio links. This article provides an authoritative analysis of the key provisions under Section 28, explaining their purpose and legal implications, supported by verbatim statutory excerpts.
Section 28(1): Enabling Remote Evidence and Appearances
"Despite any written law or rule of law requiring the presence of any accused person or any witness in any court proceedings ... a court may ... require an accused person or a witness to give evidence by means of a live video or live television link ... or to so appear by means of a live video, live television link or live audio link ..." — Section 28(1), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
This provision fundamentally allows courts to override traditional requirements mandating physical presence of accused persons or witnesses. The purpose is to maintain judicial processes while mitigating public health risks posed by COVID-19. By permitting remote testimony and appearances, the courts ensure continuity of justice without compromising safety.
Such flexibility is crucial during a pandemic when movement restrictions and quarantine orders may prevent physical attendance. This provision balances the need for procedural fairness with public health imperatives.
Section 28(2), (4): Conditions for Remote Proceedings to Ensure Fairness and Technical Adequacy
"The court may impose such conditions as it thinks fit to ensure that the giving of evidence or appearance by means of a live video, live television link or live audio link is fair and that the technical means used are adequate." — Section 28(2), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
"Subsections (1) and (2) apply to proceedings before the Syariah Court as they apply to proceedings before any other court." — Section 28(4), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
These subsections emphasize that remote proceedings must be conducted fairly and with reliable technology. The courts are empowered to impose conditions to safeguard the integrity of evidence and the rights of parties. This includes ensuring clear audio-visual communication and preventing technical disruptions that could prejudice any party.
Extending these provisions to the Syariah Court underlines the comprehensive approach to judicial continuity across Singapore’s legal system, recognizing the importance of religious and community-based courts during the pandemic.
Section 28(5): Orders Specifying Attendance and Exclusions in the Interests of Justice
"An order under this section may specify the persons who may be present during the giving of evidence or appearance, exclude any person from being present, and provide for any other matter that the court considers necessary or expedient in the interests of justice." — Section 28(5), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
This provision grants courts discretion to regulate the environment of remote proceedings. By specifying who may attend or be excluded, courts can protect sensitive information, maintain order, and uphold the dignity of the judicial process.
Such measures are particularly important in remote settings where controlling the audience and ensuring confidentiality can be more challenging than in physical courtrooms.
Section 28(6), (7): Revocation, Suspension, or Variation of Orders for Fairness or Technical Reasons
"The court may revoke, suspend or vary any order made under this section if it considers it necessary to do so in the interests of fairness or because of technical reasons." — Section 28(6), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
This provision ensures that the courts retain flexibility to respond dynamically to evolving circumstances during remote proceedings. If fairness is compromised or technical difficulties arise, courts can adjust or rescind orders to protect the rights of parties and the integrity of the process.
It reflects a pragmatic approach recognizing that remote technology may encounter unforeseen issues requiring judicial intervention.
Section 28(8): Remote Evidence Deemed Given in Person and Part of the Record
"Any evidence given or appearance made by means of a live video, live television link or live audio link shall be deemed to have been given or made in person and shall form part of the record of the proceedings." — Section 28(8), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
This provision affirms the legal equivalence of remote testimony to in-person evidence. It ensures that remote appearances are fully recognized for all procedural and substantive purposes, including appeals and records.
This legal certainty is essential to uphold the validity of judicial decisions made during the pandemic and to prevent challenges based on the mode of evidence delivery.
Section 28(10): Exercising Jurisdiction and Powers Remotely During the Specified Period
"The jurisdiction and powers of the courts and Syariah Courts may be exercised remotely during the specified period." — Section 28(10), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
This provision authorizes courts to perform all judicial functions remotely for the duration of the specified period, which is linked to the enforcement of COVID-19 control measures. It ensures that the courts’ authority is not diminished by the inability to convene physically.
The specified period is defined to align with public health directives, allowing courts to adapt as the pandemic situation evolves.
Section 28(13), (14): Ministerial Power to Declare Cessation of Application
"The Minister may, by notification in the Gazette, declare that this section shall cease to apply with effect from such date as may be specified in the notification." — Section 28(13), COVID-19 (Temporary Measures) Act 2020
Verify Section 28 in source document →
This provision provides a mechanism for the government to terminate the temporary remote proceedings regime when public health conditions permit. It ensures that the extraordinary measures remain temporary and subject to executive oversight.
The ability to declare cessation maintains the balance between emergency adaptations and the return to normal judicial processes.
Definitions Supporting the Remote Proceedings Framework
Section 28(15) provides critical definitions that underpin the application of the remote proceedings provisions:
- "Accused person" includes those facing contempt of court proceedings under the Administration of Justice (Protection) Act 2016, expanding the scope beyond criminal defendants.
- "Control measure" encompasses various COVID-19 related orders and regulations under the Infectious Diseases Act, linking the application of Section 28 to public health directives.
- "Court" broadly includes the Supreme Court, State Courts, Family Court, and Youth Court, ensuring comprehensive coverage.
- "Specified judge" includes senior officials of the Syariah Court, facilitating remote proceedings in religious courts.
- "Specified period" ties the duration of remote proceedings to the enforcement of control measures and judicial determinations, providing temporal clarity.
- "Syariah Court" is defined by reference to the Administration of Muslim Law Act, ensuring consistency in terminology.
Cross-References to Other Legislation
Section 28 also cross-references several other statutes to integrate remote proceedings within Singapore’s broader legal framework:
- Sections 193, 194, 195, 196, and 205 of the Penal Code concerning the admissibility and treatment of evidence given via remote communication technology (Section 28(9)).
- Section 5(1)(a) of the Administration of Justice (Protection) Act 2016, regulating the use of audio or visual recording devices in court proceedings (Section 28(11)).
- Section 54A(1) and (4) of the Administration of Muslim Law Act, governing recording devices in Syariah Court proceedings (Section 28(12)).
- Definitions referencing the State Courts Act and Family Justice Act to clarify the scope of "court" (Section 28(15)).
Absence of Specific Penalties for Non-Compliance
Notably, Section 28 and the surrounding provisions do not specify penalties for non-compliance with remote appearance or evidence requirements. This absence suggests that enforcement relies on existing procedural rules and judicial discretion rather than new punitive measures.
This approach likely reflects the temporary and facilitative nature of the provisions, focusing on enabling justice rather than penalizing procedural deviations during an unprecedented public health crisis.
Conclusion
Section 28 of the COVID-19 (Temporary Measures) Act 2020 represents a comprehensive legislative response to the challenges posed by the pandemic to Singapore’s judicial system. By authorizing and regulating remote court proceedings, it ensures that justice remains accessible and effective while safeguarding public health.
The detailed provisions balancing fairness, technical adequacy, judicial discretion, and legal certainty demonstrate a thoughtful approach to emergency legal adaptations. The integration with existing laws and the provision for ministerial oversight further enhance the robustness and temporariness of these measures.
As Singapore transitions beyond the pandemic, these provisions provide a valuable framework for future contingencies requiring remote judicial processes.
Sections Covered in This Analysis
- Section 28(1) to (14), COVID-19 (Temporary Measures) Act 2020
- Section 28(15) – Definitions
- Cross-referenced provisions: Sections 193, 194, 195, 196, 205 Penal Code; Section 5(1)(a) Administration of Justice (Protection) Act 2016; Section 54A(1), (4) Administration of Muslim Law Act
Source Documents
For the authoritative text, consult SSO.