Can The Public Attend Court Hearings NSW?

Access to Court Hearings in NSW

In NSW, the default position is that court hearings are open to the public. This means that anyone, including members of the general public, can attend most court proceedings. However, there are exceptions and limitations to this general rule.

Closed Court Proceedings

Certain types of cases or specific parts of a trial may be closed to the public. This usually happens in cases involving sensitive or confidential information, such as cases involving children, sexual assault victims, or national security matters. The court may also close proceedings if it is in the interest of justice to do so.

On occasion, the judge or magistrate might decide to have a closed court session.

• During a closed court session, only specific individuals are permitted to enter the courtroom to observe or participate in a legal case. Additionally, there may be limitations on the information the prosecutor can disclose regarding the proceedings of that day.
• One instance where a court may be closed by the magistrate or judge is when they are delivering the verdict on a defendant who has testified against others during a trial.

Suppression Orders

In some cases, a court may issue a suppression order, which restricts the publication or disclosure of certain information related to a case. This can include the names of parties involved, evidence, or other sensitive details. These orders are typically made to protect the identity or safety of individuals involved in a case.

The authority of a court to issue closed court, suppression, and non-publication orders is mainly outlined in the Court Suppression and Non-publication Orders Act 2010, also known as the Suppression Act, which came into effect on 1st July 2011. Similar provisions applicable to criminal cases can also be found in the Criminal Procedure Act 1986 and the Children (Criminal Proceedings) Act 1987.

When possible, the consideration of whether such orders should be implemented under any of the relevant legal provisions should be addressed at the beginning of the legal proceedings.

Media Access

While the public is generally allowed to attend court hearings, the media may be subject to additional rules and guidelines. Journalists and reporters must follow specific protocols to ensure fair and accurate reporting without compromising the rights of the parties involved.

Remote Access to Court Proceedings

In recent years, technology has played a significant role in enhancing access to court proceedings. Many courts in NSW now offer remote access to hearings through audio or video links. This allows members of the public to observe proceedings without physically attending the courthouse.

COVID-19 Restrictions

During times of public health emergencies, such as the COVID-19 pandemic, special measures may be put in place to limit physical attendance in courtrooms. In such cases, courts may rely more heavily on remote access solutions to ensure continued transparency and accessibility.