Criminal Procedure Act 2011

199 Court must be cleared when complainant gives evidence in cases of sexual nature

(1)

In any case of a sexual nature, no person may be present in the courtroom while the complainant gives oral evidence (whether in chief or under cross-examination or on re-examination), except for the following:

(a)

the Judge and jury:

(b)

the prosecutor:

(c)

the defendant and any person who is for the time being acting as custodian of the defendant:

(d)

any lawyer engaged in the proceedings:

(e)

any officer of the court:

(f)

the Police employee in charge of the case:

(g)

any member of the media (as defined in section 198(2)):

(h)

any person whose presence is requested by the complainant:

(i)

any person expressly permitted by the Judge to be present.

(2)

Before the complainant starts to give evidence, the Judge must—

(a)

ensure that no person other than those referred to in subsection (1) is present in the courtroom; and

(b)

advise the complainant of the complainant’s right to request the presence of any person under subsection (1)(h).

(3)

For the purposes of this section, case of a sexual nature means proceedings in which a person is charged with, or is to be sentenced for, any of the following offences:

(a)

any offence against sections 128 to 142A of the Crimes Act 1961:

(b)

any offence against section 144A of the Crimes Act 1961:

(c)

any other offence against the person of a sexual nature:

(d)

being a party to the commission of any offence referred to in paragraphs (a) to (c):

(e)

conspiring with any person to commit any such offence.

Compare: 1961 No 43, s 375A