|
|
Clearing of the Court during certain criminal trials.
|
7.—(1) Whenever, at the trial of an accused person in the Central Criminal Court or in the Circuit Court and after such accused person has pleaded “not guilty” or a plea of “not guilty” has been entered for him and before any further proceedings are had, an officer of the Gárda Síochána not below the rank of superintendent states on oath to the Judge presiding at such trial that in the opinion of such officer it is necessary for the protection of the witnesses and jurors concerned in such trial that the public should be excluded from the Court during such trial, the Judge may order the Court to be cleared and in that case shall not proceed with such trial until the Court has been cleared in accordance with this section.
|
|
| |
(2) When a Court has been cleared under this section at the trial of an accused person the Court shall be kept so cleared during such trial until the verdict of the jury has been recorded or the jury have failed to agree and have been discharged.
|
|
| |
(3) For the purposes of this section references to the clearing of the Court shall be construed as meaning the exclusion from the Court of all persons whatsoever except the Judge presiding at the trial then in progress, the officers of the Court, the jurors sworn for such trial, the accused person and any member of the Gárda Síochána or prison warder in charge of him, the counsel and solicitors engaged in such trial, members of the Gárda Síochána on duty in the Court, other officers of the State present in their official capacity, the witness (if any) who is for the time being giving evidence, barristers bona fide practising as such in Saorstát Eireann and, subject to the provisions of the three next following sub-sections of this section, representatives of the press.
|
|
| |
(4) In this section the expression “representative of the press” means a person who is regularly engaged or employed in journalism and is duly accredited by the editor of a bona fide newspaper published not less often than once a week or by the manager of a bona fide news agency or press association as a representative of such newspaper or a reporter of legal proceedings for such newspaper, news agency, or press association.
|
|
| |
(5) Whenever immediately after the clearing of a Court under this section an officer of the Gárda Síochána not below the rank of superintendent produces to the Judge presiding in such Court one or more then recent issue or issues of a particular newspaper or a document or documents appearing and purporting to be such issue or issues and the Judge is of opinion that any articles or other matter contained in such issue or document or any of such issues or documents is calculated to intimidate jurors or witnesses either generally or in the particular trial then in progress or to prevent or discourage such jurors from performing their duty according to their oath without fear or favour or to prevent or discourage such witnesses from giving their evidence freely, fully, and truthfully, the Judge shall forthwith order that all persons claiming to be representatives of or reporters for such newspaper be excluded from the Court so long as such Court continues to be cleared under this section, and thereupon while such Court continues to be so cleared no person shall be admitted to or be present in such Court on the ground that he is a representative of or a reporter for such newspaper.
|
|
| |
(6) Whenever at any time while a Court is cleared under this section an officer of the Gárda Síochána not below the rank of superintendent states on oath to the Judge presiding in such Court, that a particular person then claiming the right to be admitted to or to remain in such Court as a representative of the press is known to be or is suspected of being concerned or associated in acts of intimidation of jurors or witnesses or acts of a treasonable or seditious character or is known generally to associate with persons concerned or suspected of being concerned in any such acts the Judge shall forthwith order such person to be excluded from such Court while it remains so cleared and thereupon such person shall be excluded from such Court accordingly.
|
|
| |
(7) Nothing in this section shall be construed to take away or derogate from any power or duty vested in or imposed on a Judge by statute or otherwise to clear his Court or to exclude any persons or person therefrom, and the powers and duties conferred or imposed by this section shall be in addition to and not in substitution for such first-mentioned powers and duties.
|
