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GAZETTE
JULY/AUGUST 1982
court to which the public generally may have access in so
far as, the premises can conveniently contain them. Under
the existing Law the Court
may
exclude members of the
public (a) in Criminal proceedings for an offence which in
the opinion of the Court is of an indecent or obscure nature
(S. 20 Criminal Justice Act 1951) and (b) where a
preliminary hearing for an indictable offence is being
conducted to consider if sufficient evidence exists to put
the accused on trial before a Jury (S. 16 Criminal
Procedure Act 1967). Both these Acts specifically
provide, that bona fide members of the press cannot be
excluded under the provisions thereof. The only matters
heard in private in the District Court are Family Law
matters and proceedings under the Illegitimate Children
(Affiliation Orders) Act 1930.
In so far as the Press is concerned bona fide members
have always the right of access to Court sittings. Even
though the public might be excluded in the exceptional
circumstances which I have outlined, the representatives
of the Press are never excluded nor are the Courts
empowered to exclude them. The representatives of the
Press are entitled, to be present at all sittings of the District
Court
other than
Family Law and Affiliation matters.
Sittings of the District Court are regulated by Statutory
Order of the Minister for Justice and the days of the month
time and place of all such sittings are set out in the
Statutory Order. These sittings are known as Scheduled
sittings. All proceedings in the District Court must be
initiated or commenced at a scheduled sitting of the Court.
The Justice may adjourn any matter to a non-scheduled
sitting but any such sitting would of course be governed by
the same provisions as regardsrights of attendance for the
public and press as scheduled sittings. Since all matters
which come before the Court begin at a scheduled sitting
and the days, place and times of such sittings are set out in
the relevant Statutory Order the rights of the Press to
follow through all cases coming before the District Court
from commencement to conclusion appear to be fully
protected by existing law.
Juvenile Courts
The Children's Act 1908 makes special provision for
the hearing of charges involving children (a person under
fifteen years) and young persons (between fifteen and
seventeen years) at what are known as Juvenile Courts.
These Courts are held separately from the ordinary
Courts. No person other than the members and officers of
the Court and the parties to the case, their solicitors and
counsel and other persons directly concerned in the case
shall, except by leave of the Court be allowed to attend.
Again, however, Section III of the Act specifically
provides that Bona Fide representatives of a newspaper or
news agency shall not be excluded from such Courts.
There does not appear to be any legal restriction on the
publication of the names and addresses of persons charged
in a Juvenile's Court, although in practice such details are
not published.
Preliminary Hearings of Indictable OfTences
While the Criminal Procedure Act 1967 (s.16)
specifically provides that bona fide representatives of the
press cannot be excluded from preliminary hearings of
indictable offences Section 17 of the Act states that 'No
person shall publish or cause to publish any information as
to any particular preliminary examination other than a
statement of the fact that such examination in relation to a
named person on a specified charge has been held and of
the decision thereon.
The section goes on to provide that the restriction shall
not apply to the publication of such information as the
Justice permits to be published at the request of the
accused.
General (All Courts)
Section 45 of the Courts (Supplemental Provisions)
Act 1961 provides as follows:
Justice may be administered otherwise than in public in
the following cases:
(a) applications of an urgent nature for relief by way of
habeus corpus, bail, prohibition or injunction.
(b) matrimonial causes and matters.
(c) lunacy and minor matters.
(d) proceedings involving the disclosure of a secret
manufacturing process.
Adoption Act
Section 20 of the Adoption Act 1952 provides that
questions of law referred by the Adoption Board to the
High Court may subject to rules of court be heard in
camera..
Affiliation Proceedings
The Illegitimate Children's (Affiliation Orders) Act
1930 Section 3(5) as inserted by Section 28 Family Law
(Maintenance of Spouses and Children) Act 1976
provides that 'Proceedings under this Act shall be
conducted otherwise than in public' while Section 3(6)
also inserted provides that 'It shall not be lawful to print or
publish or cause to be printed or published any material
relating to proceedings under this Act which would tend to
identify the parties to the proceedings.'
Income Tax
Section 30 of the Finance Act 1949 provides for the
hearing in camera of appeals and cases stated in Income
Tax assessments.
Official Secrets Act 1963 (Section 12)
If in the course of certain proceedings as set out in the
Act application is made by the prosecution, on the ground
that the publication of any evidence or statement to be
given or made during any part of the hearing would be
prejudicial to the safety or preservation of the State, that
that part of the hearing should be in camera the Court shall
make an order to that effect but the verdict and sentence (if
any) shall be announced in public.
Criminal Law (Rape) Act 1981
Section 7 and 8 of the above Act make provisions for
preserving the anonymity of both a complainant and an
accused in rape cases.
Section 7 provides that after a person is charged with a
rape offence no matter likely to lead members of the public
to identify a woman as the complainant in relation to that
charge shall be published in a written publication available
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