81Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise

81 Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise

(1) Unless the Court orders otherwise, the relevant part must be heard in closed court.

(2) The Court may make an order under subsection (1) if it considers it appropriate to do so.

(3) If the relevant part is heard in closed court, the only persons who may be present at the hearing of the relevant part are—

S. 81(3)(a) amended by No. 37/2024 s. 104(5).

(a) the Chief Commissioner or the Chief Commissioner's delegate;

(b) any lawyers representing the Chief Commissioner;

(c) a special counsel appointed under section 79 in relation to the relevant part;

(d) any witnesses who may be called to give evidence;

(e) the presiding judge and any court staff necessary for the hearing.

(4) If the relevant part is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house—

(a) stating that the hearing of the relevant part is being held in closed court; and

(b) stating who may be present at the hearing of the relevant part; and

(c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing of the relevant part is being held.

(5) If the Court makes an order under subsection (1)—

(a) the Chief Commissioner is not obliged to adduce any protected criminal intelligence in evidence; and

S. 81(5)(b) substituted by No. 37/2024 s. 51.

(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application.

The Chief Commissioner may also withdraw the substantive application if the Court makes an order for discovery of all or any part of the protected criminal intelligence—see section 75(3).

S. 81(6) repealed by No. 37/2024 s. 103(3).