CRIME AND CORRUPTION ACT 2001 - SECT 177 Whether hearings are to be open or closed

CRIME AND CORRUPTION ACT 2001 - SECT 177

177 Whether hearings are to be open or closed

(1) Generally, a hearing is not open to the public.

(2) However—

(a) for a hearing for a crime investigation, the commission may open the hearing to the public (
"public hearing" ) if it—

(i) considers opening the hearing will make the investigation to which the hearing relates more effective and would not be unfair to a person or contrary to the public interest; and

(ii) approves that the hearing be a public hearing; or

(b) for a witness protection function hearing, the commission may open the hearing to the public if it—

(i) considers opening the hearing will make the hearing more effective and—

(A) would not be unfair to a person or contrary to the public interest; and

(B) would not threaten the security of a protected person or the integrity of the witness protection program or other witness protection activities of the commission; and

(ii) approves that the hearing be a public hearing; or

(c) for a hearing other than a hearing mentioned in paragraph (a) or (b) , the commission may open the hearing to the public if it—

(i) considers closing the hearing to the public would be unfair to a person or contrary to the public interest; and

(ii) approves that the hearing be a public hearing.

(3) A decision about whether a hearing should be a public hearing must not be delegated.

(4) If the commission decides to open a hearing to the public, the presiding officer for the hearing may close the hearing for a particular purpose.