The Summary Appeal Court (Navy) Rules 2000

Summary appeal court sitting in camera or closed court

5.—(1) Without prejudice to rules 34 and 36, the court may sit in camera for the whole or any part of a hearing where the court considers that—

(a) it is necessary to do so in the interest of morals or public order;

(b) it is necessary to do so for the purpose of safeguarding the interests of persons under the age of 18 years or protecting the private life of the appellant; or

(c) the interests of justice would be prejudiced by the hearing, or that part of it taking place in public.

(2) The court may order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of a hearing if it appears to the court that it would be against the interests of national security to allow any evidence to be given or statement to be made in public in the course of the hearing or (as the case may be) that part of it.

(3) The court may sit in closed court when the members of the court hearing an appeal are deliberating on any matter raised on that appeal.

(4) Where the court sits in closed court under paragraph (3) no person shall be present other than the members of the court except any person under instruction who is permitted to be present by the members of the court hearing the appeal.

(5) It shall be the duty of the judge advocate to ensure that, where any person under instruction is permitted to be present when the members of the court are deliberating on any matter in closed court, that person takes no part in the deliberations and expresses no opinion to the members of the court.