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Section 304G Sections 304D and 304E: exclusion of public from review proceedingsF1F2

(1)

This section applies to—

(a)

proceedings relating to a referral made under section 304D or 304E; and

(b)

any other proceedings arising in consequence of such proceedings.

(2)

The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—

(a)

to exclude a person from the proceedings;

(b)

to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the referral has been made).

(3)

The power under subsection (2)(a) does not include power to exclude—

(a)

a member or officer of the court;

(b)

a party to the proceedings;

(c)

a prosecuting officer dealing with the proceedings;

(d)

counsel or a solicitor for a party to the proceedings;

(e)

a person otherwise directly concerned with the proceedings.

(4)

An order under subsection (2) may be made only to the extent that the court thinks—

(a)

that it is necessary to do so to protect the safety of any person; and

(b)

that it is in the interests of justice.

(5)

This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a)

to exclude a person from proceedings; or

(b)

to restrict the publication of matters relating to proceedings.

Annotations

Textual amendments

F1

Pt. 12A heading and s. 304A inserted (16.10.2024) by Armed Forces Act 2016 (c. 21), ss. 7, 19(1); S.I. 2024/1032, reg. 2(1)

F2

Ss. 304F-304H inserted (16.10.2024) by Armed Forces Act 2016 (c. 21), ss. 12, 19(1); S.I. 2024/1032, reg. 2(1)

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 12A

Modifications

C1

Pt. 12A applied (with modifications) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 106A (as inserted (16.10.2024) by S.I. 2024/619, regs. 1(2), 44(2))