Judicial Council Act 2019

82

Conduct of proceedings

82. (1) Subject to this Act, proceedings relating to the investigation of a complaint under this Part shall be conducted otherwise than in public.

(2) Any proceedings before a court arising out of or connected with a complaint, the admissibility of a complaint, an investigation of a complaint under this Part or the determination of such an investigation shall be conducted in public unless the court directs that in order to safeguard the administration of justice the proceedings should be conducted in whole or in part otherwise than in public.

(3) A person (including a member of a panel of inquiry or the Judicial Conduct Committee) shall not disclose or publish any evidence given or the contents of any document produced by a witness while giving evidence to the panel of inquiry or the Judicial Conduct Committee otherwise than in public under this Part, except—

(a) as directed by a court,

(b) in accordance with section 83, or

(c) to the extent otherwise necessary in the interests of fair procedures and with the consent in writing of the chairperson of the panel of inquiry or the chairperson of the Judicial Conduct Committee, as may be appropriate.

(4) Subsection (3) shall not operate to prohibit the publication in a report under this Act of any findings by a panel of inquiry made on the basis of evidence given otherwise than in public, or the publication in a report under section 87 of information, referred to in subsection (6) or (7) of that section, arising from a determination by the Judicial Conduct Committee made on the basis of evidence given otherwise than in public.

(5) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

Annotations

Editorial Notes:

E11

A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.