The Criminal Evidence (Northern Ireland) Order 1999

[F1 Exclusion of public from trial N.I.

27A.— (1) Where a person is to be tried on indictment for a serious sexual offence, the court must give an exclusion direction before the beginning of the trial (but this is subject to paragraph (4)).

(2) An “exclusion direction” is a direction providing for the exclusion from the court, during the time the direction has effect, of all persons with the exception of—

(a) members and officers of the court;

(b) persons directly involved in the proceedings and, where the complainant is not such a person, the complainant;

(c) any relative or friend of the complainant nominated by the complainant and specified in the direction;

(d) any relative or friend of the accused nominated by the accused and specified in the direction;

(e) bona fide representatives of news gathering or reporting organisations;

(f) any other person specified in the direction as a person excepted from the exclusion.

(3) Paragraph (1) applies whether or not the trial relates to other offences as well as a serious sexual offence.

(4) Paragraph (1) does not apply if the time at which the exclusion direction would fall to be given (in the absence of this paragraph) is not within the lifetime of the complainant.

(5) Where an exclusion direction is given under this Article, the direction has effect from the beginning of the trial and continues to have effect until, in respect of each serious sexual offence to which the trial relates, the proceedings have been either—

(a) determined (by acquittal, conviction or otherwise), or

(b) abandoned,

in relation to the accused or (if there is more than one) in relation to each of the accused; but this is subject to paragraph (6).

(6) The exclusion direction does not have effect during any time when a verdict is being delivered in the proceedings, and “verdict” here includes any finding which constitutes the determination of the proceedings in relation to an accused and an offence.

(7) In this Article and Articles 27B to 27D—

“complainant” means any person who is the complainant (within the meaning of Article 2(2)) in respect of a serious sexual offence to which the trial relates;

“effect”, in relation to a direction, means binding effect;

“persons directly involved in the proceedings” includes—

(a)

the accused;

(b)

legal representatives acting in the proceedings;

(c)

any witness while giving evidence in the proceedings;

(d)

any person acting in the capacity of an interpreter or other person appointed to assist a witness or an accused; and

(e)

members of the jury;

“serious sexual offence” means an offence against the law of Northern Ireland mentioned in section 2(3) of the Sexual Offences (Amendment) Act 1992.]

F1 Arts. 27A-27F and cross-headings inserted (28.9.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 19(2), 30(2); S.R. 2023/142, art. 3 (with arts. 4, 5)