EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 50 Evidence to be given in closed court

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 50

    (1)     A court in a relevant proceeding may order that the court be closed to the public while all or part of the witness's evidence (including evidence given under cross-examination) is given.

Note 1     Section 73 allows the court to close the court so that pre-trial evidence can be given in sexual offence proceedings.

Note 2     The accused is entitled to a fair and public hearing, but the court may exclude the press and public in certain circumstances (see Human Rights Act 2004

, s 21 (2)).

    (2)     In deciding whether to order that the court be closed to the public, the court must consider whether—

        (a)     the witness wants to give evidence in open court; and

        (b)     it is in the interests of justice that the witness give evidence in open court.

    (3)     However, an order under this section does not stop the following people from being in court while the witness gives evidence:

        (a)     a person nominated by the witness;

        (b)     a person who attends the relevant proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person's employer.

Note     Publishing certain information in relation to sexual offence proceedings is an offence (see s 74).

    (4)     In this section, a reference to a person giving evidence in a relevant proceeding includes the person giving evidence by the playing of an audiovisual recording of the evidence in the proceeding under this part.