Recommendation 27

The principle of open justice is fundamental to the proper administration of justice and the right to a fair trial. We welcome the replacement of section 8(4) OSA 1920 with clause 31, such that the public could only be excluded where this was “necessary in the interests of national security”. The Government should reconsider the need to 54 Legislative Scrutiny: National Security Bill include a reference to the interests of justice as part of this test. The test in clause 31 might thus be amended to read “necessary for the administration of justice, having regard to the risk to national security”. (Paragraph 103) Criminal Immunity: Offences under Part 2 of the Serious Crime Act 2007