In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999) – Times Law Reports

Posted June 18th, 2009 in anonymity, freedom of expression, human rights, law reports, privacy by sally

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)

House of Lords

“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

‘Unmasked’ police blogger escapes further action – The Independent

Posted June 17th, 2009 in anonymity, internet, news, police by sally

“No further action will be taken against a policeman who was unmasked after targeting the force and Government ministers in an anonymous online blog, police said today.”

Full story

The Independent, 17th June 2009

Source: www.independent.co.uk

Ruling on NightJack author Richard Horton kills blogger anonymity – The Times

Posted June 16th, 2009 in anonymity, internet, news, police by sally

“Anonymous bloggers cannot use the courts to keep their identity secret after The Times won a landmark High Court ruling over a policeman who revealed confidential information on an award-winning website.”

Full story

The Times, 16th June 2009

Source: www.timesonline.co.uk

Regina v Powar (Harbinder) Regina v Powar (Kulwinder) – Times Law Reports

Posted April 24th, 2009 in anonymity, law reports, witnesses by sally

Regina v Powar (Harbinder) Regina v Powar (Kulwinder)

Court of Appeal

“Anonymous witnesses must not routinely be called in the prosecution of serious crime, but now that the intimidation of witnesses had become an ugly feature of contemporary life, witness anonymity orders should not be confined to cases of terrorism or gangland killings.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

‘Sadistic’ child killer given right to remain anonymous – The Independent

Posted April 8th, 2009 in anonymity, news by sally

“A man convicted of the ‘sadistic’ murder of three children 30 years ago has been granted the right to anonymity while he is being considered for release into the community.”

Full story

The Independent, 8th April 2009

Source: www.independent.co.uk

Rape victim makes plea to others – BBC News

Posted February 9th, 2009 in anonymity, news, rape by sally

“A woman, raped by an ex-boyfriend, has waived her anonymity to encourage other victims to report their ordeal.”

Full story

BBC News, 6th February 2009

Source: www.bbc.co.uk

Gay father hunts for lesbian mother who vanished with son – The Times

Posted December 18th, 2008 in anonymity, child abduction, news by sally

“A gay father whose son was ‘snatched’ away by his lesbian mother during family court proceedings was finally able to appeal publicly for his safe return yesterday after restrictions on identifying the parties was lifted.”

Full story

The Times, 18th December 2008

Source: www.timesonline.co.uk

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others – WLR Daily

Posted December 17th, 2008 in admissibility, anonymity, law reports, witnesses by sally

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390

In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral evidence in the proceedings.”

WLR Daily, 16th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Judges rule on witness anonymity – BBC News

Posted December 13th, 2008 in anonymity, news, witnesses by sally

“Emergency laws to protect the anonymity of witnesses do not allow them to have their evidence read out in their absence, appeal judges have ruled.”

Full story

BBC News, 13th December 2008

Source: www.bbc.co.uk

How the law protects victims and their families from ‘jigsaw’ identification – The Times

Posted November 27th, 2008 in anonymity, news, victims by sally

“The daughters who were raped by their father, and their surviving children, are protected in law from being identified because of the anonymity granted to victims of sexual offences.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Naming and shaming criminal masterminds ‘infringes their human rights’ – Daily Telegraph

Posted November 12th, 2008 in anonymity, human rights, news by sally

“The leaders of the Serious Organised Crime Agency (Soca) have been ‘deeply frustrated’ after lawyers advised them not to name 39 convicted criminals because it would breach the convicts’ right to a family and private life, and could amount to an ‘unfair’ punishment.”

Full story 

Daily Telegraph, 12th November 2008

Source: www.telegraph.co.uk

In re Times Newspapers Ltd and Another – Times Law Reports

Posted October 31st, 2008 in anonymity, contempt of court, courts martial, law reports by sally

In re Times Newspapers Ltd and Another

Courts-Martial Appeal Court

“To be entitled to make any order for anonymity for all or any of a number of defendants in a case in which no applicable statute provided a power justifying such an order, a court had to have regard to the relevant tests identified at common law, namely, whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

The Times, 31st October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re Times Newspapers Ltd and another – WLR Daily

Posted October 29th, 2008 in anonymity, contempt of court, courts martial, law reports by sally

In re Times Newspapers Ltd and another [2008] EWCA Crim 2396; [2008] WLR (D) 331

For a court to order the anonymisation of defendants’ names in a case in which no applicable statute provided a power justifying such an order, careful regard would have to be had to the relevant tests identified at common law, viz whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

WLR Daily, 28th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SAS troops may be named at inquests after new ruling – Daily Telegraph

Posted July 29th, 2008 in anonymity, armed forces, contempt of court, inquests, news by sally

“Special Forces soldiers who die in action could be named in inquests after a coroner overturned a ruling to allow the identification of two dead troops.”

Full story

Daily Telegraph, 29th July 2008

Source: www.telegraph.co.uk

New witness rules introduced to protect trials – The Times

Posted July 22nd, 2008 in anonymity, news, witnesses by sally

“Tighter rules on when witnesses can claim anonymity in court were issued yesterday to ensure that trials are not undermined because defendants do not know the identity of witnesses.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Times wins ruling over secrecy of family court – The Times

Posted July 22nd, 2008 in anonymity, child abduction, family courts, news by sally

“Details of private family court proceedings that led to a mother fleeing the country with her son after he was placed in foster care have been disclosed after legal action by The Times.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Witness anonymity bill is passed – BBC News

Posted July 17th, 2008 in anonymity, bills, news, witnesses by sally

“Emergency legislation to allow witnesses in sensitive criminal trials to give evidence anonymously has cleared Parliament.”

Full story

BBC News, 16th July 2008

Source: www.bbc.co.uk

Podcast 67: R v Davis – Witness Anonymity with Andrew Keogh – Charon QC

Posted July 11th, 2008 in anonymity, podcasts, witnesses by sally

“On the 18th June the House of Lords handed down their opinions
IN THE CAUSE
R v Davies (Appellant) (On appeal from the Court of Appeal (Criminal Division))

I quote from the speech of Lord Bingham, the senior law lord at paragraph 5 : ‘It is a long-established principle of the English common law that, subject to certain exceptions and statutory qualifications, the defendant in a criminal trial should be confronted by his accusers in order that he may cross-examine them and challenge their evidence.’

Today I am talking to Andrew Keogh, a barrister, published author and author of the White Rabbit blog about the case and the proposed anonymity legislation”

Podcast

Charon QC, 10th July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Changes to prosecution witness anonymity rules may not save trials – The Times

Posted July 9th, 2008 in anonymity, news, witnesses by sally

“Prosecutions are at risk of not going ahead even if fast-track plans to allow witnesses anonymity in court are approved, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Cases ‘at risk’ without anonymity – BBC News

Posted July 8th, 2008 in anonymity, news, witnesses by sally

“A ‘large number’ of court cases could be ‘at risk’ if judges do not have the power to grant anonymity to witnesses, MPs and peers have been told.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk