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Tag: Anonymity (Page 3 of 5)

Case Law: R (on the application of C) v Secretary of State for Justice, An open or shut case? – Alasdair Henderson

lady-haleWhen is it right to keep the names of parties to litigation a secret? That was the difficult question the Supreme Court had to grapple with in the case of  R(C) v. Secretary of State for Justice ([2016] UKSC 2). The decision to allow a double-murderer to remain anonymous led to outraged headlines in the tabloids. Yet the Court reached the unanimous conclusion that this was the right approach. Why? Continue reading

Case Law, Scotland: A v BBC, Anonymity order compatible with Convention and common law – Rosalind English

anonymity21The appeal in the case of A v BBC ([2014] UKSC 25) related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case.  The Supreme Court unanimously dismissed the appeal by the BBC. Continue reading

Case Law: JC v Central Criminal Court, Anonymity protection for under age defendants expires when they are 18 – Rosalind English

male-female-silhouetteThe case of J & T v Central Criminal Court ([2014] EWHC 1041 (QB)) raised the question whether an order made under s. 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. Sir Brian Leveson P, giving the judgment of the Court, said that this point: Continue reading

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