The ‘Open’ Court

Abstract

The criminal court is usually an ‘open’ area where justice can be seen to be done. The concept of privacy is sometimes used to help people in courts when they have appeared as defendants or witnesses. Defendants in the Youth Court are entitled to automatic privacy with only the more serious cases leading to a lifting of reporting restrictions. The intimidated or vulnerable witness is allowed ‘special measures’ to protect them from the worst rigours of the criminal court. The courts are expected to be open and fair and any privacy protection must consider that whether it be ‘witness anonymity’, ‘witness protection’ or, as in the specific case of the withholding of a complainant’s previous sexual history in a rape case.