64Preliminary proceedings to be in closed court

64 Preliminary proceedings to be in closed court

[Section 64 Repealed by No. 10 of 1994, s. 7 and Sched. 2 ]

(1)  The room or place in which preliminary proceedings are conducted is a closed court.

(2)  Despite subsection (1) , the following persons may not be excluded from the room or place in which the preliminary proceedings are conducted:

(a) the prosecutor;

(b) the defendant;

(c) the legal representative of the prosecutor and of the defendant;

(d) a person who has been appointed, by a court under the Evidence (Children and Special Witnesses) Act 2001 , to assist in the examination of the witness in the proceedings to which the preliminary proceedings relate.

(3)  On the application of the prosecutor or the defendant, the magistrate, or justice, conducting the preliminary proceedings may allow a person to be present in the room or place in which preliminary proceedings are conducted so as to provide a witness, or the defendant, with support.

(4)  The magistrate, or justice, conducting preliminary proceedings may only allow, under subsection (3) , a person to be present in the room or place in which preliminary proceedings are conducted if satisfied that the person is not, or is not likely to be, a witness in or a party to –

(a) the preliminary proceedings; or

(b) the hearing of the charge for the offence to which the preliminary proceedings relate.