R v Michael Patrick Spencer

R v Michael Patrick Spencer

The court found that withholding the defendant's residential address is necessary to ensure the security arrangements for MPs are not frustrated, given the exceptional risks faced by MPs and the lack of public interest in publishing the address. The defendant's identity is sufficiently clear without disclosure of the home address, and the orders are justified under the court's common law power, not solely on ECHR grounds.

Parties
Prosecution: Rex; Defendant: Michael Patrick Spencer
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Criminal / Interlocutory Ruling on Reporting Restrictions
Outcome
orders for withholding and reporting restriction of defendant's residential address continued
Legal Topics
Open Justice, Reporting Restrictions, Anonymity Orders, ECHR Article 2, ECHR Article 3, ECHR Article 8, ECHR Article 10, Contempt of Court Act 1981, Common Law Powers
Criminal Law Constitutional Law Human Rights Law Open Justice Reporting Restrictions Anonymity Orders ECHR Article 2 ECHR Article 3 +4 more

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Parties

Rex

Prosecution

Michael Patrick Spencer

Defendant

Procedural Posture

Criminal / Interlocutory Ruling on Reporting Restrictions

Legal Issues

  1. 1 Whether the defendant's residential address should be withheld from open court and press reporting
  2. 2 Whether the orders restricting publication are necessary and justified under common law and ECHR principles

Ratio Decidendi

The court found that withholding the defendant's residential address is necessary to ensure the security arrangements for MPs are not frustrated, given the exceptional risks faced by MPs and the lack of public interest in publishing the address. The defendant's identity is sufficiently clear without disclosure of the home address, and the orders are justified under the court's common law power, not solely on ECHR grounds.

Court Disposition

orders for withholding and reporting restriction of defendant's residential address continued

Orders

  • The defendant's residential address shall not be disclosed in open court or to the press.
  • A reporting restriction under s.11 Contempt of Court Act 1981 prohibits publication of the defendant's address.