Defence Act, 1954

Admission to courts-martial.

194.—(1) Subject to subsections (2), (3) and (4) of this section, courts-martial shall be public and, to the extent that accommodation permits, the public shall be admitted to the trial.

(2) Where the convening authority or the president of a court-martial considers that it is expedient in the interests of public safety, defence or public morals that the public should be excluded during the whole or any part of a trial, either of them may make an order to that effect, and any such order shall be recorded in the proceedings of the court-martial.

(3) Witnesses, other than the prosecutor and the accused person, shall not be admitted to a trial, except when under examination or by specific leave of the president of the court-martial.

(4) On any deliberation amongst the members of a court-martial, no person shall be present except the members, the judge-advocate and any officers under instruction, and the court-martial may either retire or cause the place where they sit to be cleared of all other persons not entitled to be present.