Spencer, R. v [2025] EWCR 7 (22 July 2025)

Spencer, R. v [2025] EWCR 7 (22 July 2025)

The court held that, although the principle of open justice is paramount, in this exceptional case the withholding of the defendant's home address is necessary to ensure that security arrangements for MPs are not frustrated, given the specific context of heightened threats to MPs and the lack of public interest in publishing the address for identification purposes. The evidence did not meet the high threshold for Article 2 ECHR, but the common law power to restrict publication was properly exercised to protect security measures.

Citation
[2025] EWCR 7
Parties
Prosecution: Rex; Defendant: Michael Patrick Spencer
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Criminal / Interlocutory Judgment on Reporting Restriction Application Prior to Trial
Outcome
Application to continue reporting restriction granted
Legal Topics
Open Justice, Reporting Restrictions, Anonymity Orders, Article 2 ECHR, Article 8 ECHR, Article 10 ECHR, Contempt of Court, Security of Mps
Criminal Law Media Law Human Rights Open Justice Reporting Restrictions Anonymity Orders Article 2 ECHR Article 8 ECHR +3 more

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Parties

Rex

Prosecution

Michael Patrick Spencer

Defendant

Procedural Posture

Criminal / Interlocutory Judgment on Reporting Restriction Application Prior to Trial

Legal Issues

  1. 1 Whether the defendant's residential address should be withheld from publication in criminal proceedings involving a sitting MP
  2. 2 Whether the orders restricting publication are justified under common law or ECHR rights

Ratio Decidendi

The court held that, although the principle of open justice is paramount, in this exceptional case the withholding of the defendant's home address is necessary to ensure that security arrangements for MPs are not frustrated, given the specific context of heightened threats to MPs and the lack of public interest in publishing the address for identification purposes. The evidence did not meet the high threshold for Article 2 ECHR, but the common law power to restrict publication was properly exercised to protect security measures.

Court Disposition

Application to continue reporting restriction granted

Orders

  • Continuation of order withholding defendant's residential address from open court and publication
  • Continuation of s.11 Contempt of Court Act 1981 order prohibiting publication of defendant's address