The Magistrates' Courts (Children and Young Persons) Rules 1988

Power of court to hear evidence in absence of relevant infant and to require parent or guardian to withdraw.

23.—(1) Where, in the case of proceedings under section 1 of the Act of 1969, the ground on which the proceedings are brought or, in the case of any proceedings, the evidence likely to be given, is such that in the opinion of the court it is in the interests of the relevant infant that the whole, or any part, of the evidence should not be given in his presence, then, unless the relevant infant is conducting his own case, the court may hear the whole or part of the evidence, as it thinks appropriate, in his absence:

Provided that evidence relating to the character or conduct of the relevant infant (including, in the case of proceedings under section 1 of the Act of 1969, evidence that the offence condition is satisfied) shall be heard in his presence.

(2) Subject to rule 21(2)(c), if the court is satisfied that in the special circumstances it is appropriate so to do, it may require a parent, guardian or grandparent of the relevant infant or any other person entitled to make representations by virtue of rule 19 to withdraw from the court while the relevant infant gives evidence or makes a statement: Provided that the court shall inform the person so excluded of the substance of any allegations made against him by the relevant infant.