Guardian News and Media Ltd and Others v Incedal and Another
| Jurisdiction | England & Wales |
| Judgment Date | 24 September 2014 |
| Date | 24 September 2014 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal
Before Lord Justice Gross, Mr Justice Simon and Mr Justice Burnett
When there were compelling reasons for a criminal trial to be held in camera everything possible would be been done to minimise the departure from the principle of open justice including allowing journalists to attend the trial subject to terms of confidentiality.
The Court of Appeal, Criminal Division so stated when giving reasons for allowing an appeal by Guardian News and Media Ltd, Associated Newspapers Ltd, the BBC, BSKYB Ltd, Express Newspapers, Independent Print Ltd, ITN, Mirror Group Newspapers Ltd, News Group Newspapers Ltd, Telegraph Media Grou p, Times Newspapers Ltd and the Press Association on June 12, 2014TLR (The Times June 18, 2014) against the order of Mr Justice Nicol made on May 19, 2014, in which he ruled that: (1) the criminal trial of Erol Incedal and Mounir Rarmoul-Bouhadjar on terrorism charges would be held in private and publication of reports prohibited; (2) the names and identities of the defendants would be withheld and unpublished; and (3) the publication of reports of the open court part of the hearing and open judgment be postponed until the conclusion of the trial or further order.
Mr Anthony Hudson and Mr Ben Silverstone for the appellants; Mr Henry Blaxland, QC and Mr Richard Thomas for the first defendant; Mr Naeem Mian for the second defendant; Mr Richard Whittam, QC and Mr Stuart Baker for the Crown.
LORD JUSTICE GROSS, giving the reserved judgment of the court, said that the case was exceptional. The court was persuaded on the evidence before it that there was a significant risk, at the very least, a serious possibility, that the administration of justice would be frustrated wer e the trial to be conducted in open court. For good reason on the material the court had seen, the Crown might be deterred from continuing with the prosecution. Indeed, on all the material, the case for the core of the trial to be heard in camera was compelling and the court acceded to it.
There would be no risk to the administration of justice, however, if the following elements of the trial were heard in open court (1) swearing in of the jury; (2) reading charges to the jury; (3) part of the judge's introductory remarks to the jury; (4) part of the prosecution opening; (5) the verd icts; (6) sentencing if any convictions resulted, subject to any further agreement...
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