CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 5
Exclusion of public
CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 5
Exclusion of public
5 Exclusion of public
(1) Whilst a complainant is giving evidence in any examination of witnesses or
trial, the court shall cause to be excluded from the room in which it is then
sitting all persons other than the following—
(a) the counsel and solicitor
of the complainant;
(b) the defendant and the defendant’s counsel and
solicitor;
(c) a Crown law officer or a person authorised by a Crown law
officer;
(d) the prosecutor;
(e) an intermediary under the Evidence Act 1977, part 2 , division 4C for the complainant;
(f) any person whose presence is,
in the opinion of the court, necessary or desirable for the proper conduct of
the examination or trial;
(g) any person whose presence will provide
emotional support to the complainant;
(h) where the complainant is under or
apparently under the age of 17 years—the parent or guardian of the child
unless, in the court’s opinion, the presence of that person would not be in
the child’s interests;
(i) any person who makes application to the court to
be present and whose presence, in the court’s opinion—
(i) would serve a
proper interest of the applicant; and
(ii) would not be prejudicial to the
interests of the complainant.
(2) The provisions of subsection (1) shall be
construed so as not to prejudice the power of the court had under any other
provision or rule of law to exclude from the room in which it is sitting any
person, including a defendant.