OpenLegislation

Article 35 Power of the court to hear evidence in absence of child, etc.

Original text. Later amendments are not shown.

(1)

Where the court has made the child a party to the proceedings and he is present at the hearing and the evidence likely to be given is such that in the opinion of the court it is in the interests of the child that the whole, or any part, of the evidence should not be given in his presence then, unless the child is conducting his own case, the court may hear the whole or part of the evidence, as it thinks appropriate in his absence:

Provided that evidence relating to the character or conduct of the child shall be heard in his presence.

(2)

If the court is satisfied that in the special circumstances it is appropriate so to do, it may require a parent, guardian or custodian of the child to withdraw from the court while the child gives evidence or makes a statement:

Provided that the court shall inform the person so excluded of the substance of any allegations made against him by the child.