The Criminal Evidence (Northern Ireland) Order 1999

[F1 Exclusion of public from appeal hearing N.I.

27E.— (1) Paragraph (2) applies where a hearing is to be held by the Court of Appeal of any one or more of the following—

(a) an application for leave to appeal against a conviction or sentence (or both) in respect of a serious sexual offence;

(b) an appeal against a conviction or sentence (or both) in respect of a serious sexual offence;

(c) an application for leave to refer a sentence in respect of a serious sexual offence to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (reviews of sentencing);

(d) a reference under that section of a sentence in respect of a serious sexual offence;

(e) an application for leave to appeal under section 12 or 13A of the Criminal Appeal (Northern Ireland) Act 1980 (appeals against findings of not guilty on ground of insanity and unfitness to be tried) in respect of a serious sexual offence;

(f) an appeal under either of those sections in respect of a serious sexual offence.

(2) The court must give an exclusion direction before the beginning of the hearing (but this is subject to paragraph (4)).

(3) Paragraph (2) applies whether or not the hearing relates to other offences as well as a serious sexual offence.

(4) Paragraph (2) 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 in relation to a hearing, the direction—

(a) has effect from the beginning of the hearing, and

(b) subject to paragraph (7), continues to have effect until, in respect of each relevant application or appeal to which the hearing relates, either—

(i) a decision has been made on the application or appeal, or

(ii) the application or appeal has been abandoned.

(6) In paragraph (5) a “relevant application or appeal” means any application, appeal or reference mentioned in paragraph (1).

(7) The exclusion direction does not have effect during any time when any of the following decisions is being pronounced by the court—

(a) a decision to grant or refuse leave to appeal;

(b) a decision on an appeal;

(c) a decision to grant or refuse leave to make a reference under section 36 of the Criminal Justice Act 1988;

(d) a decision on such a reference.

(8) In this Article—

“complainant” has the meaning given by Article 27A(7), reading the reference in Article 27A(7) to the trial as a reference to the hearing;

“effect” has the same meaning as in Article 27A (see Article 27A(7));

“exclusion direction” is to be read in accordance with Article 27F(1);

“sentence” has the same meaning as in Part 1 of the Criminal Appeal (Northern Ireland) Act 1980;

“serious sexual offence” has the same meaning as in Article 27A (see Article 27A(7)).

(9) A reference in this Article to a hearing is not to be taken to include any proceedings on an application for leave to appeal, or on an application for leave to refer a sentence, that are of a kind which (ignoring this Article) are not held in open court.]

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)