Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 49

Proceedings to be in closed court

    (1)     The Court must be closed to the public for proceedings under this Act against a youth.

    (2)     However, in addition to the parties to the proceedings and Court staff, the following persons may attend the proceedings:

        (a)     a legal practitioner, whether or not the legal practitioner is the legal representative of the youth who is the subject of the proceedings;

        (b)     a responsible adult in relation to the youth;

        (c)     a person nominated by the youth for support;

        (d)     an employee or representative of the Agency or another Agency;

        (e)     a witness called to give evidence in the proceedings;

        (f)     a victim of the alleged offence committed by the youth;

        (g)     a person nominated by a victim for support;

        (h)     a genuine representative of the news media;

            (i)     an interpreter for a person attending the proceedings.

    (3)     Any other person may seek the leave of the Court to attend the proceedings.

    (4)     The Court may order that a person not remain in or enter a room or place in which the Court is being held, or remain within the hearing of the Court.

    (5)     In making an order under subsection (4), the Court must have regard to any prejudicial impact on the interests of the youth of the person's presence in the room or place in which the Court is being held, or within the hearing of the Court.

    (6)     However, subsection (4) does not authorise the Court to exclude the following from the proceedings:

        (a)     the youth;

        (b)     a legal practitioner representing the youth;

        (c)     the prosecutor.

    (7)     A person commits an offence if:

        (a)     the person is subject to an order under subsection (4); and

        (b)     the person remains in or enters a room or place in which the Court is being held, or remains within the hearing of the Court.

Maximum penalty:     200 penalty units or imprisonment for 12 months.

    (8)     A person other than a person mentioned in subsection (2) commits an offence if:

        (a)     the person has not been granted leave of the Court to attend proceedings under subsection (3); and

        (b)     the person remains in or enters a room or place in which the Court is being held, or remains within the hearing of the Court.

Maximum penalty:     200 penalty units or imprisonment for 12 months.



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