The principle of open justice ensures that court proceedings are generally open to the public and media. However, there are exceptions, particularly concerning privacy, safety, or the fairness of court proceedings. One such exception is the use of closed court proceedings.

What Is a Closed Court?

A closed court refers to a legal proceeding where public and media access is restricted. Only those directly involved in the case, or individuals specifically permitted by the judge, are allowed to be present in the courtroom. This measure is designed to balance transparency with the need to protect individuals and ensure a fair trial.

When Are Courts Closed?

Courts may be closed under specific circumstances, including:

Protection of Vulnerable Witnesses

To protect the well-being of vulnerable individuals, such as children or victims of sexual assault, courts may be closed during their testimony.

Handling of Sensitive Information

In matters involving confidential data, proceedings may be closed to prevent sensitive information from being disclosed to the public.

Preserving the Integrity of the Justice Process

If public access risks undermining a fair trial, the court can be closed to help maintain impartiality and ensure just outcomes.

Preventing Unfair Prejudice

Closure may be necessary when there’s a risk that certain information could unfairly influence the jury or public opinion, potentially harming the rights of the accused or other parties.

The Legal Context

The Open Justice Principle

The Australian legal system is founded on the principle of openness in judicial proceedings. Public access helps to promote transparency and accountability in the courts.

Exceptions to Openness

Courts have the discretion to restrict access when necessary, particularly to protect privacy, safety, or the administration of justice.

Suppression and Non-Publication Orders

Even in open court settings, judges may issue suppression or non-publication orders to limit what can be reported publicly.

Relevant Legislation

Several legal instruments govern closed court proceedings in Australia, including:

• Crimes Act 1900 (NSW)
• Court Suppression and Non-Publication Orders Act 2010 (NSW)

Examples of When Courts Are Closed

• Children’s Court Hearings: Typically closed to protect the privacy of minors, particularly when they are testifying.
• Sexual Offence Cases: Courts often close proceedings to protect victims’ identities.
• Domestic Violence Cases: Special measures, including courtroom closure, are used to support and protect complainants.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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