Exclusion from the hearing
- The tribunal can exclude any individual from the hearing where that individual’s conduct is likely to disrupt the orderly running or have a detrimental impact on the fairness of proceedings.26 This includes the PA or AA, representatives, witnesses and members of the public observing the hearing.
- When deciding whether to exclude an individual from the hearing, the tribunal will consider whether that individual has complied with the expected standards of conduct for attendance at a hearing and have regard to any other information that they consider to be relevant, including the impact that the individual’s behaviour is likely to have on the orderly running of the hearing or on the fairness of proceedings. It is not necessary for the individual’s conduct to have already disrupted the hearing for them to be excluded.
- The expected standard of conduct for a hearing includes, but is not limited to:
- communicating in a suitable manner that is free from discriminatory or derogatory language, except where an individual is providing direct quotes during witness evidence
- adhering to any directions given by the tribunal regarding expectations of behaviour
- adhering to the requirements of the MPTS regarding participation at hearings
- not to publicly share any information from private hearing sessions
- not to make any audio or visual recording or take any images of the hearing, nor to re-use, re-edit or redistribute any recording or image from the hearing
- where the hearing is being held virtually or a witness is giving evidence virtually, not:
- sharing access to the hearing link
- uploading any links or documents directly to the hearing
- doing anything that could compromise the security or integrity of the platform that the hearing is hosted on
- having any third-party present without the express permission of the MPTS.
26 Rule 42(6).