Challenging And Obtaining Document Part 1 Flashcards
What is the Section for adult witnesses who are in fear and distress about giving evidence in court?
S46 of the Youth Justice and Criminal Evidence Act
Gives lifelong anonymity
Is S46 automatic?
No court order must be made
Why was S46 brought in and what was it’s aim
Gives better protection for witnesses in fear - culture of attacks of those speaking to the police
Aim was to protect judicial process so those in fear of reprisals would still give evidence
Can S46 be used for defendants?
NO
How can media argue S46?
Puts a substantial and unreasonable restriction on reporting proceedings
PI to do so
How can S46 witnesses be granted anonymity?
Waive right to anonymity in writing
Providing no interferece with peace or comfort to obtain permission
The court must be satisfied with quality of evidence or level of cooperation in preparation for case is likely to be dimishied by fear or distress
Granting anonymity likely to improve quality of evidence and cooperation
When are the only times courts are closer to public and media
Necessary in process of justice or to safeguard very vulnerable people involved in cases
What are some societal benefits of open justice
Promotes public confidence and respect for the administration of justice in all types of proceedings
It enables public to know justice is being administered impartially
Allows public to scrutinise process by which criminal cases are investigated and brought
Can result in evidence becoming available which would not become available if a media report was not made and it was done behind closed doors
What did Leigh Lord Justice say?
Without him how is the public being informed of how justice is being administered in our courts
When is it okay to exclude press and public?
When there presence would frustrate process of justice (example child can not be persuaded to give evidence in sex case because in presence of strangers) Or protests that may disrupt proceedings
When unchecked publicity would defeat whole object of proceedings (eg when case concerns trade secret and publicity would reveal that secret to commercial rivals)
When court exercising parental role to protect interests of vulnerable people (like children in family civil law cases or person with mental incapacity)
Can journos remain in court when asked to leave?
Yes, one normally can
What are reasons the press and public cannot be excluded for?
Reasons of embarrassment or allegations damaging to witnesses potential
What are terms for cases in private?
In chambers - in judges office
In camera - public and media excluded
What would you sure when challenging a RR?
Argue that common law protects freedom of expression
Article 10 (ECHR)
