Exclusion of Witnesses
One limitation on the principle of an open court is the practice as to exclusion of witnesses. No rule of law requires in a trial that the witnesses to be called by one side must all remain out of the court until their turn to give testimony arises. This is purely a matter within the discretion of the court. Moore v. Lambeth County Court Registra r , [1969] 1 W.L.R. 141. In criminal cases the trial judge may order any witness, other than the accused [FN], excluded from the court room. Unless otherwise directed by the judge, such a witness must remain outside the court room until all of the evidence, including that given in rebuttal is completed. If a witness nevertheless remains in court: (a) he is not necessarily disqualified, although, in certain circumstances, the trial judge may exclude his evidence; (b) the weight, if any, to be given to his evidence is for the jury, or for the judge, if there is no jury, to decide. R. v. Dobberthien , 1974 CanLII 184 (SCC),