Part 2Jurisdiction, procedures, and powers
Jurisdiction and sittings of Court Martial: Sittings of Court Martial
42Special provisions in cases involving sexual violation
While the complainant in a case involving sexual violation is giving oral evidence (whether in chief or under cross-examination or on re-examination), no person may be present except the following:
- the Judge for the proceeding:
- a military member:
- an officer under instruction:
- the Director of Military Prosecutions or any person acting on behalf of the Director:
- the accused and any escort of the accused:
- the accused's counsel or defender:
- the Registrar or any other officer of the Court Martial:
- an interpreter required in the proceedings:
- an accredited news media reporter:
- a person whose presence is requested by the complainant:
- a person expressly permitted by the Judge to be present.
Before the complainant in a case involving sexual violation commences to give evidence, the Judge must—
- ensure that no person other than one referred to in subsection (1) is present; and
- advise the complainant of the complainant's right to request the presence of any person under subsection (1)(j).
If, in a case involving sexual violation, the Judge is of the opinion that the interests of the complainant so require, he or she may make an order forbidding publication of any report or account giving details of the criminal acts alleged to have been performed on the complainant or of any acts that the complainant is alleged to have been compelled or induced to perform or consent to or acquiesce in.
This section does not limit or affect the powers of the Judge to make an order specified in section 39(2) that excludes any person from, or forbids the publication of any report or account of, the proceedings.