The Solicitors Disciplinary Tribunal (Appeals and Amendment) Rules 2011

Public or private hearings

23.—(1) Subject to paragraphs (2) and (3) every appeal hearing shall take place in public.

(2) Any party and any person who claims to be affected by an appeal may seek a decision from the Tribunal that the hearing or part of it be conducted in private on the grounds of—

(a) exceptional hardship; or

(b) exceptional prejudice,

to a party, a witness or any person affected by the appeal.

(3) If it is satisfied that those grounds are met, the Tribunal shall conduct the hearing or part of it in private and make such decision as shall appear to it to be just and proper.

(4) The Tribunal may, before or during a hearing, direct that the hearing or part of it be held in private if—

(a) the Tribunal is satisfied that it would have granted an application under paragraph (2) had one been made; or

(b) in the Tribunal’s view a hearing in public would prejudice the interests of justice.

(5) The Tribunal may give a direction excluding from any hearing, or part of it—

(a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c) any person who the Tribunal considers should be excluded in order to give effect to the requirement at rule 14(9); or

(d) any person where the purpose of the hearing would be defeated by the attendance of that person.

(6) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.