Page:Security Offences (Special Measures) Act 2012.pdf/16

16 Evidence of witness given in a special manner

14. (1) 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.

(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.

(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.

Identification by witness where evidence is taken in camera

15. If in the course of taking evidence under section 14 the accused or any other person is required to be identified by the witness who gives evidence in the manner provided in that section, such identification may be made by the witness through an interpreter or other officer of the court.