Malaysia legislation
Section 272B
Section 272B
Evidence through live video or live television links
(2)
The Court may, in the exercise of its power under subsection (1), make an order on any or all of the following matters:
(a)
the persons who may be present at the place where the witness is giving evidence;
(b)
that a person 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;
(f)
the stages in the proceedings during which a specified part of the order is to have effect;
Criminal Procedure Code 147
(g)
the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; and
(h)
any other order the Court considers necessary in the interest of justice.
(3)
The Court shall not give leave under subsection (1) or make an order under subsection (2) if, in the opinion of the Court, to do so would be inconsistent with the Court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.
(4)
Evidence given by a witness through live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in the proceedings in which it is given.
(5)
Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person or his advocate, as the case may be.
(6)
Where any video or live evidence given under this section is recorded on any medium, electronic or otherwise, such recording shall form part of the record.
CHAPTER XXVA
RECORDING OF PROCEEDINGS BY MECHANICAL MEANS
Application of this Chapter