B e f o r e :
(Lord Phillips of Worth Matravers)
MR JUSTICE SILBER
MR JUSTICE UNDERHILL
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THE LORD CHIEF JUSTICE:
"Where the appellant wants to appeal against an order restricting public access to a trial the court must decide without a hearing --(a) an application, including an application for permission to appeal; and
(b) an appeal."
"Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national security or for the protection of the identity of a witness or any other person, he shall not less than seven days before the date on which the trial is expected to begin serve a notice in writing to that effect on a Crown Court officer and the prosecutor or the defendant as the case may be."
Some passages in the open judgment of Ouseley J might suggest that this rule itself confers power to hold all or part of a trial in camera for reasons of national security or for the protection of the identity of a witness or other person. That is not, however, the position; nor, when his judgment is read as a whole, did Ouseley J suggest that it was. Rule 16.10 deals with the procedure for applying for evidence to be heard in camera on the stated grounds. It assumes, correctly, that those grounds can justify an order for hearing evidence in camera but the justification for such an order does not lie in the rule itself.