Article 33 Public and private hearings

England and Wales

(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 admit persons to a hearing under paragraph (3) on such terms and conditions as it considers appropriate.

(5)

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 17(8) (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.

(6)

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

Annotations

Textual amendments

F1: Rule 33(2A) inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 9(3)