EVIDENCE ACT 1929 - SECT 69
EVIDENCE ACT 1929 - SECT 69
69—Order for clearing court
(1) Where a court
considers it desirable in the interests of the administration of justice, or
in order to prevent hardship or embarrassment to any person, to exercise the
powers conferred by this section, it may order specified persons, or all
persons except those specified, to absent themselves from the place in which
the court is being held during the whole or any part of the proceedings before
the court.
(1a) Where the alleged
victim of a sexual offence is a child and is to give evidence (including
evidence admitted in the form of an audio visual record) in proceedings
related to the offence, an order must be made under subsection (1)
requiring all persons except—
(a)
those whose presence is required for the purposes of the proceedings; and
(b) a
person who is present at the request or with the consent of the child to
provide emotional support for the child; and
(c) any
other person who, in the opinion of the court, should be allowed to be
present,
to absent themselves from the place in which the court is being held while the
child is giving evidence.
(1b) Where child
exploitation material (within the meaning of section 62 of the
Criminal Law Consolidation Act 1935 ) is adduced, or is to be adduced, as
evidence in proceedings before the court, an order must be made under
subsection (1) requiring all persons except—
(a)
those whose presence is required for the purposes of the proceedings; and
(b) any
other person who, in the opinion of the court, should be allowed to be
present,
to absent themselves from the place in which the court is being held while the
evidence is adduced.
(2) The court may, on
the application of a person against whom an order under subsection (1)
operates, make available to him a transcript of evidence, and a record of
proceedings, taken before the court during the operation of the order.
(3) Where a court
refuses an application under subsection (2), the applicant may appeal
against the refusal.