the person is intimidated or distressed because of the person’s relationship to the accused person
2 the person is intimidated or distressed because of the person’s relationship to the accused person
The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.
Note 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)).
In deciding whether to order that the court be closed to the public, the court must consider whether—
the witness wants to give evidence in open court; and
it is in the interests of justice that the witness give evidence in open court.
However, an order under this section does not stop the following people from being in court when the witness gives evidence:
a person nominated by the witness;
a person who attends the 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).
In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under division 4.3.3 (Special requirements—audiovisual recording of police interview) or division 4.3.4 (Giving evidence at pre-trial hearing).
This Act’s bill:Explanatory statement
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