*/
The Court of Appeal has held that although “open justice is both a fundamental principle of the common law and a means of ensuring public confidence in our legal system”, open justice must “give way to the yet more fundamental principle that the paramount object of the court is to do justice”.
Lord Justice Gross in Guardian News and Media Ltd v AB CD held that there was a “significant risk” that the administration of justice would be frustrated if the trial of the two defendants was conducted in open court.
They therefore held that “the core of the trial must be heard in camera” but that the following could take place in open court: swearing in of the jury, reading the charges to the jury, at least part of the judge’s introductory remarks to the jury, at least part of the prosecution opening, the verdicts and (subject to further argument) sentencing if any convictions resulted. “It is important to underline that a defendant’s rights are unchanged whether a criminal trial is heard in open court or in cameraand whether or not the proceedings may be reported by the media.”
A small group of “accredited journalists” may attend, drawn from the media parties to the proceedings. Notes can be made but must be stored securely until the end of the trial, a transcript of the proceedings (excluding the discrete ex parte areas) will be available for review at the conclusion of the proceedings in connection with any further consideration of publication and a “tailor made” order should be made.
Allowing the media’s appeal against the anonymisation of the defendants, Gross LJ said: “We express grave concern as to the cumulative effects of holding a criminal trial in camera and anonymising the defendants. We find it difficult to conceive of a situation where both departures from open justice will be justified.”
Isabella Sankey, Director of Policy for human rights organisation Liberty, said: “The judges are clear that open justice is a priceless foundation of our system and faced with a blacked-out trial we now have a few vital chinks of light.“But their wholesale deference to vague and secret ministerial ‘national security’ claims is worrying. Shutting the door on the core of a criminal trial is a dangerous departure from our democratic tradition.”
The trial of Erol Incedal and Mounir Rarmoul-Bouhadjar, who are charged with terrorist offences, was due to start on 16 June at the Central Criminal Court at the Old Bailey.
They therefore held that “the core of the trial must be heard in camera” but that the following could take place in open court: swearing in of the jury, reading the charges to the jury, at least part of the judge’s introductory remarks to the jury, at least part of the prosecution opening, the verdicts and (subject to further argument) sentencing if any convictions resulted. “It is important to underline that a defendant’s rights are unchanged whether a criminal trial is heard in open court or in cameraand whether or not the proceedings may be reported by the media.”
A small group of “accredited journalists” may attend, drawn from the media parties to the proceedings. Notes can be made but must be stored securely until the end of the trial, a transcript of the proceedings (excluding the discrete ex parte areas) will be available for review at the conclusion of the proceedings in connection with any further consideration of publication and a “tailor made” order should be made.
Allowing the media’s appeal against the anonymisation of the defendants, Gross LJ said: “We express grave concern as to the cumulative effects of holding a criminal trial in camera and anonymising the defendants. We find it difficult to conceive of a situation where both departures from open justice will be justified.”
Isabella Sankey, Director of Policy for human rights organisation Liberty, said: “The judges are clear that open justice is a priceless foundation of our system and faced with a blacked-out trial we now have a few vital chinks of light.“But their wholesale deference to vague and secret ministerial ‘national security’ claims is worrying. Shutting the door on the core of a criminal trial is a dangerous departure from our democratic tradition.”
The trial of Erol Incedal and Mounir Rarmoul-Bouhadjar, who are charged with terrorist offences, was due to start on 16 June at the Central Criminal Court at the Old Bailey.
The Court of Appeal has held that although “open justice is both a fundamental principle of the common law and a means of ensuring public confidence in our legal system”, open justice must “give way to the yet more fundamental principle that the paramount object of the court is to do justice”.
Lord Justice Gross in Guardian News and Media Ltd v AB CD held that there was a “significant risk” that the administration of justice would be frustrated if the trial of the two defendants was conducted in open court.
The forthcoming Race at the Bar report, and what the Bar Council is doing on the intersecting issues of race discrimination, equal opportunity and social mobility
An update by Rachel Cooper of Coram Chambers
There is still time to submit your entries for the LexisNexis Legal Awards 2022, with entries closing on Friday 26 November!
Leading alcohol testing provider AlphaBiolabs is now offering SmartMobile™, a new and highly innovative portable breath alcohol testing device with a built-in camera for personal identification, as well as optional GPS tracking capabilities.
Like it or loathe it, admin is a part of work and life but it can start to dominate and feel a burden. Here is a checklist of tips to help you feel calm about your inbox, from the virtual assistants who keep barristers organised
AlphaBiolabs enhances its SCRAM CAM® continuous alcohol monitoring service
Upskilling courts with a more forensic approach to domestic abuse, Professor Monckton-Smith talks to Laurence Cooper about her groundbreaking research, identifying patterns of coercive control and use of the homicide timeline
In a rare interview, Lord Pannick QC, the barrister at the centre of some of the most critical legal debates this country has seen, reflects on his own role in the theatre of law, celebrates the art of persuasion and discusses his upcoming Hamlyn Lectures. Interview by Anthony Inglese CB
Dropping hearings into Zoom is not the end game, writes Professor Richard Susskind OBE
Racial disparity and racism can impact experiences in the courtroom; Abimbola Johnson has some constructive solutions on how we can effectively challenge it
The forthcoming Race at the Bar report, and what the Bar Council is doing on the intersecting issues of race discrimination, equal opportunity and social mobility
