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6.2.—(1) When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—
(a)dealing with criminal cases in public; and
(b)allowing a public hearing to be reported to the public.
(2) The court may determine an application or appeal under this Part—
(a)at a hearing, in public or in private; or
(b)without a hearing.
(3) But the court must not exercise a power to which this Part applies unless each party and any other person directly affected—
(a)is present; or
(b)has had an opportunity—
(i)to attend, or
(ii)to make representations.
[Note. See also section 121 of the Magistrates’ Courts Act 1980(1) and rule 24.2 (general rules about trial and sentence in a magistrates’ court).]
1980 c. 43; section 121 was amended by section 61 of the Criminal Justice Act 1988 (c. 33), section 92 of, and paragraph 8 of Schedule 11 to, the Children Act 1989 (c. 41), section 109 of, and paragraph 237 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39).
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