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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 October 2014 - onwards
Version 3 of 3

25. Orders to safeguard fairness of re-trial.

(1) Subject to this section, a proceeding under section 23 shall be conducted in open court.

(2) Where the Court of Appeal or the Supreme Court, as the case may be, is conducting a proceeding under section 23 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 of Appeal or the Supreme Court, as the case may be, 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 during the proceeding, or

(b) any matter identifying or having the effect of identifying any person who is the subject of an appeal under section 23, or any other person connected with the re-trial for which an order is sought.

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

(a) when there is no longer any step that could be taken which would lead to the person concerned being re-tried pursuant to an order under section 23, or