Courts may use ‘remote tech’
Bills to allow proceedings via virtual communication
COURT proceedings may be done through live video or television links soon following the proposed introduction of “remote communication technology” to three existing legislations.
Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan tabled the amendments to the Courts of Judicature (Amendment) Bill 2020; Subordinate Courts (Amendment) Bill 2020; and Subordinate Courts Rules (Amendment) Bill 2020 for its first reading yesterday.
All three Bills seek to introduce a new section to enable courts to conduct proceedings through a live video, television link or any other electronic means of communication.
Under the Subordinate Courts (Amendment) Bill, the government seeks to introduce a new section that enables Sessions and Magistrates’ courts, in the interest of justice, to conduct the proceedings of any cause or matter, be it civil or criminal, or hold any inquiry through a remote communication technology.
“The place in which the court is held to conduct the proceedings of any cause or matter, civil or criminal, or hold any inquiry, through remote communication technology shall be deemed to be conducted within the local limits of the jurisdictions assigned to it,” read the Bill.
The Bill also seeks to introduce Section 107a which empowers the Chief Justice to issue such practice directions as may be necessary after consulting the President of the Court of Appeal or the Chief Judges.
Similarly, the Courts of Judicature (Amendment) Bill 2020 also seeks to introduce a new section that enables High Courts, in the interest of justice, conduct the proceedings of any cause or matter, be it civil or criminal, or hold any inquiry through a remote communication technology.
However, both the Bills tabled noted that the introduction of the new section does not affect the provisions related to evidence by a child witness by means of a live link under the Evidence of Child Witness Act 2007 and evidence by a protected witness under the Criminal Procedure Code and the Evidence Act 1950.
Meanwhile, the Subordinate Courts Rules Act Bill seeks to amend Section 4 of the Act to provide for rules of court for regulating and prescribing the procedure in respect of the hearing of any matter or proceeding through remote communication technology.
The second and third reading of the Bills are expected to be done during this Dewan Rakyat meeting, which ends on Thursday.