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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Power to clear court

199: Court must be cleared when complainant gives evidence in cases of sexual nature

You could also call this:

"People giving evidence in sexual offence cases can have the courtroom cleared for privacy"

Illustration for Criminal Procedure Act 2011

When you are in a courtroom and someone is giving evidence about a sexual offence, the courtroom must be cleared. This means that only certain people can stay in the courtroom, like the Judge, the jury, the prosecutor, and the defendant. The person giving evidence can also ask for someone they trust to be there with them.

Before the person starts giving evidence, the Judge must make sure that only the allowed people are in the courtroom. The Judge must also tell the person giving evidence that they can ask for someone to be with them. A case of a sexual nature means that someone is being charged with or sentenced for a sexual offence, such as those listed in sections 128 to 142A of the Crimes Act 1961 or section 144A of the Crimes Act 1961.

The Judge can also make an order to stop members of the media from being in the courtroom when a video record of the evidence is being made, as stated in section 201(1)(a) of the Evidence Act 2006. This rule does not limit the Judge's power to make orders about who can be in the courtroom. You should know that the law is in place to protect the person giving evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360343.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
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198A: Hearing may be conducted by audiovisual link or audio link, or

"Court hearings can be held using video or phone links so people can join in from elsewhere."

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199AA: Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature, or

"The court can ask people to leave when a victim talks about a sexual offence case."

Part 5General provisions
Public access and restrictions on reporting: Power to clear court

199Court must be cleared when complainant gives evidence in cases of sexual nature

  1. In any case of a sexual nature, no person may be present in the courtroom while the complainant gives oral evidence (whether in chief or under cross-examination or on re-examination), except for the following:

  2. the Judge and jury:
    1. the prosecutor:
      1. the defendant and any person who is for the time being acting as custodian of the defendant:
        1. any lawyer engaged in the proceedings:
          1. any officer of the court:
            1. the Police employee in charge of the case:
              1. any member of the media (as defined in section 198(2)), except that this paragraph is subject to an order of the kind specified in subsection (4)(a):
                1. any person whose presence is requested by the complainant:
                  1. any person expressly permitted by the Judge to be present.

                    1. Before the complainant starts to give evidence, the Judge must—

                    2. ensure that no person other than those referred to in subsection (1) is present in the courtroom; and
                      1. advise the complainant of the complainant's right to request the presence of any person under subsection (1)(h).

                        1. For the purposes of this section, case of a sexual nature means proceedings in which a person is charged with, or is to be sentenced for, any of the following offences:

                        2. any offence against sections 128 to 142A of the Crimes Act 1961:
                          1. any offence against section 144A of the Crimes Act 1961:
                            1. any other offence against the person of a sexual nature:
                              1. being a party to the commission of any offence referred to in paragraphs (a) to (c):
                                1. conspiring with any person to commit any such offence.

                                  1. Nothing in this Act limits the following:

                                  2. an order restricting attendance by, or excluding, members of the media at any making, before trial, of a video record of a sexual case complainant’s or propensity witness’s evidence:
                                    1. regulations made under section 201(1)(a) of the Evidence Act 2006 authorising a Judge to make an order of that kind.

                                      Compare
                                      Notes
                                      • Section 199(1)(g): replaced, on , by section 45(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                      • Section 199(4): inserted, on , by section 45(2) of the Sexual Violence Legislation Act 2021 (2021 No 60).