Defence Act 1954

194

F236 [ Admission to courts-martial.

194. (1) Subject to this section and to any other enactment, proceedings before a court-martial shall be held in public.

(2) Where the military judge presiding at a court-martial is satisfied that because of the nature or circumstances of the case or otherwise in the interests of justice or the security of the State or of the Defence Forces that it is desirable to do so, he may do any one or more of the following:

( a ) exclude the public or any portion of the public or any particular person or persons from the court during the whole or any part of a trial;

( b ) prohibit the publication of information in relation to the proceedings or any particular part of them;

( c ) impose restrictions or limitations on publication.

(3) In any proceedings for an offence which is, in the opinion of the military judge, of an indecent or obscene nature (including proceedings for rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ) or sexual assault or aggravated sexual assault (both within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ), attempted aggravated sexual assault or sexual assault or aiding, abetting, counselling or procuring the offence of aggravated sexual assault or sexual assault or attempted aggravated sexual assault or sexual assault or of incitement to the offence of aggravated sexual assault or sexual assault or conspiracy to commit any of the foregoing offences), the military judge shall, subject to subsections (4) and (5) of this section, exclude from the court-martial during the trial all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the press and such other persons (if any) as the military judge may in his discretion permit to remain.

(4) In any proceedings for an offence referred to in subsection (3) of this section

( a ) in the case of the accused person, an assisting person or, where the accused person so requests, a parent, relative or friend of the accused person shall be entitled to remain in court during the whole of the trial, and

( b ) in the case of a person in respect of whom the offence is alleged to have been committed, where the person so requests, a parent, relative or friend of the person shall be entitled to remain in court while that person is giving evidence as a witness before the court-martial.

(5) In any proceedings to which subsection (2) or (3) of this section applies the findings and the sentence (if any) shall be announced in public.

(6) Witnesses, other than the accused person, shall not be admitted to a trial, except when under examination or by specific leave of the military judge presiding at the trial concerned.

(7) No persons other than the members of the court-martial board shall be present during any deliberations by the court-martial board as to its findings. ]

Annotations:

Amendments:

F236

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 44, S.I. No. 254 of 2008.