Evidence (Miscellaneous Provisions) Act 1991

This section applies if a witness—

gives evidence at a pre‑trial hearing in a sexual offence proceeding under section 60; or

is eligible to give evidence at a pre‑trial hearing in a sexual offence proceeding under section 60 but does not give the evidence at the pre-trial hearing.

On application, the court may order that the court be closed to the public while the witness gives the evidence, or while the witness’s recorded evidence is played, in the proceeding.

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 make an order under subsection (2), the court must—

consider whether it is in the interests of justice that the witness give evidence in open court; but

give paramount consideration to whether the witness wants to give evidence in open court.

If the court makes an order under subsection (2), only the following people may be present in the courtroom when the witness gives the evidence, or when the witness’s recorded evidence is played, in the proceeding:

the presiding judicial officer;

the prosecutor;

the accused person;

the accused person’s lawyer;

for a proceeding before a jury—the jury members;

anyone else the court considers appropriate.

An order under subsection (2) does not stop the following people from being present in the courtroom while the witness gives the evidence, or while the witness’s recorded evidence is played:

a support person under section 49 (1) or section 101 (2);

if the witness agrees—a person who is preparing a news report of the proceeding and who is authorised to attend the court for that purpose by the person’s employer.

If the witness is at an external place to give the evidence, only the following people may be present at the place:

a support person under section 49 (1) or section 101 (2);

anyone else the court considers appropriate.