NCTJ Court Reporting Practice Exam

Which of the following could lead to closed proceedings under the open justice exceptions?

1. Defendants represented by a lawyer

2. Matters concerning mental incapacity

3. Public objections to trial

4. Presence of media in the courtroom

The correct answer is: Matters concerning mental incapacity

Closed proceedings may occur under certain exceptions to the principle of open justice, particularly in sensitive legal matters. Matters concerning mental incapacity present a compelling reason for the court to consider entering closed proceedings. This is because individuals with mental incapacity may have vulnerabilities that require protection, and conducting proceedings in open court could cause them distress or violate their privacy rights. In such cases, the court may determine that the need to safeguard the individual’s well-being and the integrity of sensitive information outweigh the public's right to access court proceedings. Hosting these matters in closed sessions helps ensure that sensitive personal information does not become part of the public record, maintaining confidentiality and integrity in the judicial process. Interactions or scenarios like defendants being represented by a lawyer, public objections to a trial, or the presence of media in the courtroom do not, in themselves, justify closed proceedings under open justice exceptions. These factors might influence the courtroom dynamics but typically do not invoke the specific legal basis required to limit public access to judicial proceedings as cases involving mental incapacity do.