In Australia, a fundamental principle in the law has long been held that Courts must deliver 'open justice'. This means that court proceedings generally must take place in full view of the public. This principle is important as it protects the rule of law and is said to inspire public confidence in the administration of justice.
Closed court: a court proceeding where the public cannot attend.
This means that only people with directl involvement in the case or invited by the Judicial Officer can be present in the courtroom while the court is closed. The media and members of the public cannot be present in the courtroom at this time.
Closed court proceedings typically protect sensitive information or the identities of people involved in the case, such as in cases involving sexual assault or national security risks.
The Criminal Procedure Act 1986 also makes provision for special procedures for domestic violence complainants to give evidence. In such proceedings, the court should be closed when a complainant gives evidence, including when a recording of their evidence plays in court.
A Children's court is a closed court
In New South Wales, closed court proceedings are governed by the Court Suppression and Non-publication Orders Act 2010. This frequently applies for children's court. This is a specialist court for dealing with matters where prosecutors charge children.
Section 15A of the Children (Criminal Proceedings) Act 1987 also prohibits the publication or broadcast of the names of children. This is when they are involved as offenders, witnesses, or brothers and sisters of child victims in criminal proceedings.