Part 3Criminal justice
Offenders assisting investigations and prosecutions
93Proceedings under section 92: exclusion of public
1
This section applies to—
a
proceedings relating to a referral made under section 92(4); and
b
any other proceedings arising in consequence of those proceedings.
2
The court in which those proceedings will be or are taking place may make such order as it thinks appropriate—
a
to exclude from the proceedings any person—
i
who does not fall within subsection (4); or
ii
who does not, in the opinion of the court, have a sufficiently direct interest in the proceedings to justify that person's presence during them;
b
to prohibit the publication of any matter relating to the proceedings (including the fact that the referral has been made).
3
Such an order is to be made only to the extent that the court thinks—
a
that it is necessary to protect the safety of any person; and
b
that it is in the interests of justice.
4
The following persons fall within this subsection—
a
the judge;
b
an officer of the court;
c
the prosecutor;
d
the other party to the proceedings;
e
counsel or a solicitor for the other party.
5
This section does not affect any other power which the court has by virtue of any rule of law or other enactment—
a
to exclude any person from proceedings; or
b
to prohibit or restrict the publication of any matter to which the proceedings relate;
or any rule of law or enactment consisting of such an exclusion, prohibition or restriction.