New guidelines issued for reporting restrictions in the criminal courts – Judiciary of England and Wales

Posted June 20th, 2014 in courts, criminal justice, press releases, reporting restrictions by tracey

‘A third updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, Newspaper Society, Society of Editors and the Media Lawyers Association.’

Full press release

Judiciary of England and Wales, 16th June 2014

Source: www.judiciary.gov.uk

Open justice and freedom of information – Browning in the Court of Appeal – Panopticon

‘The issue of just how open our justice system should be is an issue which is or should be of fundamental concern to all practising lawyers. If, as Jeremy Bentham once stated ‘publicity is the very soul of justice’ (cited by Lord Shaw in the leading case of Scott v Scott [1913] AC 477), then an open justice system is the corporeal expression of that soul. However, we now live in times where open justice is increasingly under threat. Indeed, as last week’s headlines reminded us all, matters have now got to a stage where some judges at least have been prepared to allow, not merely the deployment of a limited closed procedure to deal with certain aspects of a case, but a completely secret trial. It no doubt came as a relief to many that the Court of Appeal was not prepared to sanction such a comprehensive departure from the open justice principle: Guardian News v AB CD. However, the mere fact that the judiciary was prepared to contemplate such a procedure shows how far we have come since the days of Scott v Scott.’

Full story

Panopticon, 18th June 2014

Source: www.panopticonblog.com

The secret trial controversy – how open will this newly opened justice be? – Legal Week

Full story

Full story

Legal Week, 16th June 2014

Source: www.legalweek.com

Secret trial of terror suspects delayed until October – The Guardian

Posted June 17th, 2014 in delay, news, private hearings, reporting restrictions, terrorism, trials by sally

‘The trial of two terrorist suspects, due to be held substantially in secret, has been delayed until October.’

Full story

The Guardian, 16th June 2014

Source: www.guardian.co.uk

Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

Full story

UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

‘Secret’ terror trial ruling due at Old Bailey – BBC News

‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’

Full story

BBC News, 12th June 2014

Source: www.bbc.co.uk

Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian

‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’

Full story

The Guardian, 5th June 2014

Source: www.guardian.co.uk

Secret terror trial is threat to open justice, human rights campaigners warn – The Guardian

‘A major criminal trial involving two men charged with serious terrorism offences could be held entirely in secret for the first time in modern British legal history.’

Full story

The Guardian, 4th June 2014

Source: www.guardian.co.uk

Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission

‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’

Full story

Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Reporting Restrictions and the New Transparency – Part 1 – Family Law Week

‘This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.’

Full story

Family Law Week, 27th February 2014

Source: www.familylawweek.co.uk

Court of Protection Update – Family Law Week

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

Full story

Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

Full story

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

In re E (A Child) – WLR Daily

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

Full story

The Guardian, 16th January 2014

Source: www.guardian.co.uk

Reporting restrictions at courts martial: the need for a structured approach – UK Human Rights Blog

Posted January 9th, 2014 in courts martial, news, reporting restrictions by sally

‘On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. The charges against two of them were later dropped but the three remaining marines were tried for murder before the Court Martial. On 8 November 2013, Soldier A was found guilty of murder.’

Full story

UK Human Rights Blog, 8th January 2014

Source: www.ukhumanrightsblog.com

Anonymity Part 2: Child personal injury cases – UK Human Rights Blog

Posted December 19th, 2013 in anonymity, children, news, personal injuries, reporting restrictions by tracey

‘JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB). In Part 1 on this subject, I discussed medical confidentiality and/or legal restrictions designed to protect the privacy of a mother and child. This case raises the question in a slightly different guise, namely whether the court should make an order that the claimant be identified by letters of the alphabet, and whether there should be other derogations from open justice in the guise of an anonymity order, in a claim for personal injuries by a child or protected party which comes before the court for the approval of a settlement.’

Full story

UK Human Rights Blog, 19th December 2013

Source: www.ukhumanrightsblog.com

Jurors who search web during cases could be jailed under new proposals – The Guardian

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by tracey

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

Court of Appeal refuses anonymity for offender – UK Human Rights Blog

“Only ‘clear and cogent evidence’ that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family.”

Full story

UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com