The Gazette 1982

JULY/AUGUST 1982

GAZETTE

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.

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 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 any) shall be announced in public. Criminal Law (Rape) Act 1981

Preliminary Hearings of Indictable OfTences While the Criminal Procedure Act 1967 (s.16)

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