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The Criminal Evidence (Northern Ireland) Order 1999

The Criminal Evidence (Northern Ireland) Order 1999 s 27D

s 27D Exclusion directions under Article 27A: general

(1) The court must state in open court its reasons for— (a) specifying a person under Article 27A(2)(f), (b) refusing under Article 27B(3) to specify a person, (c) refusing an application made under Article 27B(6), (d) varying an exclusion direction under Article 27C(1) or (2), or (e) refusing an application made under Article 27C(3). (2) Where a statement is made by the court in proceedings from which persons are excluded by an exclusion direction, the fact that it is so made does not prevent the statement from being regarded as made “in open court”. (3) Any proceedings from which persons are excluded by an exclusion direction shall nevertheless be taken to be held in public for the purposes of any privilege or exemption from liability available in respect of fair, accurate and contemporaneous reports of legal proceedings held in public. (4) An exclusion direction has effect subject to— (a) Article 21 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (court to be cleared while child is giving evidence in certain cases); (b) any power of the court to hear proceedings in private; (c) any power of the court to exclude a witness until that witness’s evidence is required; (d) any other power of the court to exclude a person from the court. (5) Crown Court rules may make provision— (a) for uncontested applications under Article 27B(6) or 27C(3) to be determined by the court without a hearing; (b) for preventing the renewal of an unsuccessful application under either of those provisions except where there has been a material change of circumstances; (c) for expert evidence to be given in connection with such an application; (d) for the manner in which confidential or sensitive information is to be treated in connection with such an application and in particular as to its being disclosed to, or withheld from, a party to the proceedings or the complainant.

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