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38
NO. 14 OF 2020
- (b) the the Syariah Court is satisfied that—
- (i) sufficient administrative and technical facilities and arrangements are made at the place where the witness is to make an appearance or to give evidence; and
- (ii) it is in the interests of justice to do so.
(5) An order made under subsection (1) or (3) may specify all or any of the following matters:
- (a) the persons who may be present at the place where the accused person or witness is giving evidence;
- (b) that a person be excluded from the place where the accused person or witness is giving evidence;
- (c) the persons who must be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness;
- (d) the persons who must not be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness;
- (e) the persons who must be able to see and hear the accused person or witness, and the persons with the accused person or witness;
- (f) the stages in the proceedings during which a specified part of the order is to have effect;
- (g) any other order the court or the Syariah Court considers necessary in the interests of justice.
(6) The court or the Syariah Court may revoke, suspend or vary an order made under subsection (1) or (3) (as the case may be) if—
- (a) the live video, live television link or live audio link stops working and it would cause unreasonable delay to wait until a working system becomes available;
- (b) it is necessary for the court or the Syariah Court to do so to comply with its duty to ensure that proceedings are conducted fairly to the parties in the proceedings;
