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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2010 - onwards
Version 2 of 2

12. Orders to safeguard fairness of re-trial.

(1) Subject to this section, an application for a re-trial order shall be conducted in open court.

(2) Where the Court is hearing an application for a re-trial order under section 8 or 9 and is satisfied that it is in the interests of justice to do so, it may exclude from the Court during the proceeding -

(a) the public or any portion of the public, or

(b) any particular person or persons,

other than bona fide representatives of the Press.

(3) The Court may, if it considers that it is in the interests of justice to do so, make an order prohibiting the publication or broadcast of -

(a) any evidence given or referred to at a hearing of an application for a re-trial order, or

(b) any matter identifying or having the effect of identifying any person who is the subject of an application for a re-trial order, or any other person connected with the re-trial for which an order is sought under section 8 or 9.

(4) An order under subsection (3) ceases to have effect (unless it specifies an earlier date) -