States : Justice shall be administered in Courts established by Law
Sitting in court other than public is IN CAMERA
In such cases , the public and media are excluded
following remain
Judge jury , Court registrar ,Parties of the case & their legal team
S. 45 (1) Courts Act 1961
sets out a number of circumstances wer justice is not administered in public
application for Habeas Corpus
Bail
Prohibition or injunction
Matrimonial matters
minor matters
procedures involving the disclosure of a secret manufacturing process
S 205 companies Act 1963
allowes for proceedings wer a company shareholder is alleging oppression
by majority shareholders in the company to be held in camera
were the court is of the opinion that a public hearing would involve the disclosure of info
The publication of it would be seriously prejudicial to the legitimate interests of the company
Reasons for private hearing
urgency of the case
sensitivity if the materials being discussed in court
Any publication which would identify parties involved in camera cases or reveal sensitive information discussed in such hearings = CONTEMPT OF COURT
THIS ALLOWED FOR SOME transparency
Arrangments wer made in 2001 to facilitate access to the Outcome of cases including the legal grounds on which decisions were made by the court-for benefit of precedent
Criminal Procedure Act 1967
Num of restrictions apply , where regarding the info that may be published concerning the defendant once proceedings have been initiated
In such circum only the following can be published
a) The fact that the person appeared in court
b) The name & address of the person
c) the charge brought against the person
These apply until the hearing of the trail of the offence
Evidence given in court may be reported provided that the case is one that is heard in public
NB
Rape & sexual offences
T Judge is required to exclude public
But Bona Fide rep of the media & court officers & those involved in the case can attend the hearing
Verdict must be in public
Names of the defendent & complainant may only be published by the media where the court authoriess this
S.6 of criminal law Act 1995 imposed similar restrictions in proceedings of incest
Roe v Blood Transfusion service Board 1996
Parties to a civil case must use there own name
Here P was obliged to use her real name rather than a pseudonym
Claim that the def had negligently supplied a blood transfusion causing the P to develop Hepatitis C
CASE
Doe v Armour Pharmaceutical co. Inc. 1994
similar case person contracted HIV from infected blood products
Here Pseudonyms were allowed
Re R Ltd 1989
Irish Times Limited v Ireland 1998
No general power to impose a ban on media while trail is in progress
Court forbidding the media from reporting the evidence that would be given , even though the case was not in camera
Held: Not Justified
Under s 205 of the companies Act
Comp argued proceedings should be in camera because Share price would be affected in info got out
Walsh J : Justice must be seen to be done . The actual presnce of public is never nescessary but the administration of justice in public does require that the doors be open so the general public can see justice being done
Court recognise the importance of the media reporting BUT they do not accept sensatonalist or " Collour Pieces "
DPP v Nevin 2000
Murder trial
Imposed restrictions on media publishing colour pieces
Need to carry these out before being able to stop publishing
a) Tell them to behave
b If Direction of Judge wont work
c) if there is a risk that Justice will be interupted