Article 35 Public and private hearings

(1)

Subject to the following paragraphs, all hearings must be held in public.

(2)

The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

F1(2A)

Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a)

the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b)

it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(c)

a media representative is not able to access the proceedings remotely while they are taking place; and

(d)

such a direction is necessary to secure the proper administration of justice.

(3)

Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(4)

The Tribunal may give a direction excluding from any hearing, or part of it—

(a)

any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b)

any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c)

any person who the Tribunal considers should be excluded in order to give effect to the requirement at rule 14(10) (prevention of disclosure or publication of documents and information); or

(d)

any person where the purpose of the hearing would be defeated by the attendance of that person.

(5)

The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Annotations

Textual amendments

F1: Rule 35(2A) inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 6(3) (with rule 1(2))