Section 375A — Crimes Act 1961: Special provisions in cases of sexual nature

375A Special provisions in cases of sexual nature (1) For the purposes of this section, case of a sexual nature means proceedings in which a person is charged with, or is to be sentenced for, any of the following offences: (a) Any offence against any of the provisions of sections 128 to 142A of this Act: (aa) Any offence against section 144A of this Act: (b) Any other offence against the person of a sexual nature: (c) Being a party to the commission of any offence referred to in paragraph (a) or paragraph (aa) or paragraph (b) of this subsection: (d) Conspiring with any person to commit any such offence. (2) While the complainant in a case of a sexual nature is giving oral evidence (whether in chief or under cross-examination or on re-examination), no person shall be present in the courtroom except the following: (a) The Judge and jury: (b) The accused and any person who is for the time being acting as custodian of the accused: (c) Any barrister or solicitor engaged in the proceedings: (d) Any officer of the Court: (e) Any person who is for the time being responsible for recording the proceedings: (f) The member of the Police in charge of the case: (g) Any accredited news media reporter: (h) Any person whose presence is requested by the complainant: (i) Any person expressly permitted by the Judge to be present. (3) Before the complainant in a case of a sexual nature commences to give evidence, the Judge shall— (a) Ensure that no person other than one referred to in subsection (2) of this section is present in the courtroom; and (b) Advise the complainant of the complainant's right to request the presence of any person under paragraph (h) of that subsection. (4) Where in a case of a sexual nature the Court is of the opinion that the interests of the complainant so require, it may make an order forbidding publication of any report or account giving details of the criminal acts alleged to have been performed on the complainant or of any acts that the complainant is alleged to have been compelled or induced to perform or to consent to or acquiesce in. (5) The breach of any order made under subsection (4) of this section, or any evasion or attempted evasion of it, may be dealt with as contempt of Court. (6) Nothing in this section shall limit or affect the powers of the Court to exclude any person or forbid any report or account of any evidence under section 138 of the Criminal Justice Act 1985 or section 401 of this Act or any other enactment. Section 375A was inserted, as from 1 February 1986, by section 5 Crimes Amendment Act (No 3) 1985 (1985 No 160). Subsection (1) was substituted, as from 1 January 1990, by section 2(1) Crimes Amendment Act (No 2) 1989 (1989 No 103). Subsection (1)(aa) was inserted, as from 1 September 1995, by section 7(1) Crimes Amendment Act 1995 (1995 No 49). Subsection (1)(c) was amended, as from 1 September 1995, by section 7(2) Crimes Amendment Act 1995 (1995 No 49) by inserting the words “ paragraph (aa) or ” . Subsections (2), (3), and (4) were amended, as from 1 January 1990, by 2(2) Crimes Amendment Act (No 2) 1989 (1989 No 103) by substituting the words “ case of a sexual nature ” for the words “ case involving sexual violation ” . See section 3 of that Act for transitional provisions.