Re Guardian News and Media Ltd and Others (No 2)
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 2016 |
| Date | 09 February 2016 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Thomas of Cwmgiedd, Lord Chief Justice, Lady Justice Hallett and Lady Justice Sharpe
When, in a case involving national security, a court was considering whether to depart from the principle of open justice and order that part of the proceedings be held in camera the test was one of necessity. The fact that the prosecutor might not continue with the prosecution if the evidence were to be heard in public did not in itself satisfy that test.
The presence of accredited journalists, who could not report what had taken place, during parts of a trial heard in camera had caused significant difficulties and a court should hesitate before making a similar order in future.
The Court of Appeal (Criminal Division) so held when dismissing an appeal, under section 159 of the Criminal Justice Act 1988, by Guardian News and Media Ltd, Times Newspapers Ltd, News Group Newspapers Ltd, Associated Newspapers Ltd, Independent Print Ltd, Telegraph Media Group, the BBC and ITN, s upported by BSkyB Ltd and the Press Association, against the dismissal by Mr Justice Nicol on April 1, 2015, of the media organisations' application that reporting restrictions applicable during the trial of Erol Incedal, on charges of various terrorist offences, be varied so as to permit the publi cation of reports of most, if not all, of what had taken place during hearings held in private but in the presence of accredited journalists.
The judge had originally ordered that the entire criminal trial should be held in camera. The media organisations appealed against that ruling and the Court of AppealTLRUNK (The Times October 29, 2014; [2015] 1 Cr App R 36) varied the judge's order to allow the defendants to be named and to allo w limited parts of the trial to be dealt with in open court.
The Court of Appeal further directed that up to ten accredited journalists, selected by the media parties, could attend the trial. Their presence would serve to minimise the extent of the departure from the principle of open justice. The fact that they could not report what had taken place was an i nevitable corollary of the order for an in camera hearing.
At the conclusion of the trial the judge dismissed the media parties' application that the reporting restrictions should be lifted in whole or in part.
Mr Anthony Hudson, QC and Mr Ben Silverstone for the media parties; Mr Richard Whittam, QC, Ms...
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