Section 14
of Security Offences (Special Measures) Act 2012
Section 14
Notwithstanding Article 5 of the Federal Constitution and section 264 of the Criminal Procedure Code, where at any time during the trial of a security offence, any of the witnesses for the prosecution refuses to have his identity disclosed and wishes to give evidence in such a manner that he would not be seen or heard by both the accused and his counsel, the Public Prosecutor may make an oral application to the court for the procedures in this section to apply.
(2)
For the purpose of satisfying itself as to the need to protect the identity of the witness, the court shall hold an inquiry in camera by questioning the witness concerned or any other witness in the absence of the accused and his counsel.
(2A)
The court shall notify the prosecution of its decision to protect the identity of the witness within seven days of the inquiry.
(2B)
Within seven days of the decision, the prosecution may appeal against a refusal by the court to protect the identity of the witness.
(3)
If after such inquiry the court is satisfied as to the need to protect the identity of the witness, the evidence of such witness shall be given in such manner that he would not be visible to the accused and his counsel, but would be visible to the court; and further if the witness fears that his voice may be recognized, his evidence shall be given in such manner that he would not be heard by the accused and his counsel.
Security Offences (Special Measures)
(4)
The court may disallow such questions to be put to the witness as to his name, address, age, occupation, race or other particulars or such other questions as in the opinion of the court would lead to the witness’s identification.