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 *\[Section 64 Repealed by No. 10 of 1994, s. 7 and Sched. 2 \]* 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)](#GS64@Gs1@EN) , 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](/view/html/inforce/2026-04-12/act-2001-079) , 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)](#GS64@Gs3@EN) , 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.