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Youth Justice Act 2005
49Proceedings to be in closed court
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49 Proceedings to be in closed court
(1) The Court must be closed to the public for proceedings under this
Act against a youth.
(2) However, in addition to the parties to the proceedings and Court
staff, the following persons may attend the proceedings:
(a) a legal practitioner, whether or not the legal practitioner is the
legal representative of the youth who is the subject of the
proceedings;
(b) a responsible adult in relation to the youth;
(c) a person nominated by the youth for support;
(d) an employee or representative of the Agency or another
Agency;
(e) a witness called to give evidence in the proceedings;
(f) a victim of the alleged offence committed by the youth;
(g) a person nominated by a victim for support;
Youth Justice Act 2005 33
(h) a genuine representative of the news media;
(i) an interpreter for a person attending the proceedings.
(3) Any other person may seek the leave of the Court to attend the
proceedings.
(4) The Court may order that a person not remain in or enter a room or
place in which the Court is being held, or remain within the hearing
of the Court.
(5) In making an order under subsection (4), the Court must have
regard to any prejudicial impact on the interests of the youth of the
person's presence in the room or place in which the Court is being
held, or within the hearing of the Court.
(6) However, subsection (4) does not authorise the Court to exclude
the following from the proceedings:
(a) the youth;
(b) a legal practitioner representing the youth;
(c) the prosecutor.
(7) A person commits an offence if:
(a) the person is subject to an order under subsection (4); and
(b) the person remains in or enters a room or place in which the
Court is being held, or remains within the hearing of the Court.
(8) A person other than a person mentioned in subsection (2) commits
an offence if:
(a) the person has not been granted leave of the Court to attend
proceedings under subsection (3); and
(b) the person remains in or enters a room or place in which the
Court is being held, or remains within the hearing of the Court.