(1) Where the public interest in admitting evidence that relates to matters of State is outweighed by the public interest in preserving secrecy or confidentiality in relation to the evidence, the court may, either of its own motion or on the application of any person, whether or not a party, direct that the evidence not be adduced.
(2) For the purposes of subsection (1), evidence that relates to matters of State includes evidence—
(a) that relates to—
(i) the security or defence of the State,
(ii) international relations, or
(iii) prevention or detection of offences or contraventions of the law;
(b) which, if adduced—
(i) would disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement, or administration, of a law, or
(ii) would tend to prejudice proper functioning of government.
(3) For the purposes of subsection (1), the court shall take into account, inter alia, the following matters—
(a) the importance of the evidence in the proceedings;
(b) if the proceedings are criminal proceedings, whether the evidence is adduced by the defendant or by the prosecutor;
(c) the nature of the relevant offence, cause of action or defence and the nature of the subject-matter of the proceedings;
(d) the likely effect of the evidence being adduced and the means available to limit its publication; and
(e) whether the substance of the evidence has already been published.
(4) For the purposes of subsection (1), the court may inform itself in any manner the court thinks fit.