A Comparison and Critique of Closed Court Hearings

This article considers the increased use in a range of jurisdictions of closed court hearings, whereby secret evidence is utilised against a person, with the person not being able to hear or see the evidence, or given the chance to cross-examine witnesses. In some jurisdictions a special advocate is utilised, and the person affected is given the gist of the evidence. It argues that the increased use of such proceedings presents a grave risk to the fair trial that is the hallmark of the common law.