FIFTH GROUP OF PARTSU.K.Sentencing: miscellaneous provision and interpretation

PART 12E+W+SMiscellaneous provision about sentencing

CHAPTER 4E+WAssistance for prosecution etc: review of sentence

References under this Chapter: further provisionE+W
390Proceedings under section 387 or 388: exclusion of publicE+W

(1)This section applies to—

(a)any proceedings relating to a reference made under section 387 or 388, and

(b)any other proceedings arising in consequence of such proceedings.

(2)The court in which the proceedings will be or are being heard may make such order as it considers appropriate—

(a)to exclude from the proceedings any person who does not fall within subsection (4);

(b)to prohibit the publication of any matter relating to the proceedings (including the fact that the reference has been made).

(3)The court may make an order under subsection (2) only if the court considers that the order is—

(a)necessary to protect the safety of any person, and

(b)in the interests of justice.

(4)The following persons fall within this subsection—

(a)a member or officer of the court;

(b)a party to the proceedings;

(c)counsel or a solicitor for a party to the proceedings;

(d)a person otherwise directly concerned with the proceedings.

(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 restrict the publication of any matter relating to proceedings.