Guardian News And Media Ltd & Ors v R. & Incedal

Guardian News And Media Ltd & Ors v R. & Incedal

A departure from the principle of open justice remains strictly necessary due to the nature of the evidence and ongoing national security concerns. The court, having scrutinised the reasons, found that disclosure of evidence heard in camera would seriously affect national security, and thus reporting restrictions must continue.

Parties
Appellants: Guardian News and Media Ltd and ors; Respondent: R; Interested Party: Erol Incedal
Jurisdiction
England and Wales
Judgment Date
09 February 2016
Procedural Posture
Criminal Appeal / Appeal Against Reporting Restriction Order
Outcome
appeal dismissed
Legal Topics
Open Justice, Reporting Restrictions, In Camera Hearings, National Security, Press Freedom
Criminal Law Constitutional Law Media Law National Security Open Justice Reporting Restrictions In Camera Hearings Press Freedom

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Parties

Guardian News and Media Ltd and ors

Appellants

R

Respondent

Erol Incedal

Interested Party

Procedural Posture

Criminal Appeal / Appeal Against Reporting Restriction Order

Legal Issues

  1. 1 Whether reporting restrictions imposed during the trial of Erol Incedal should be lifted to permit publication of proceedings held in private but attended by accredited journalists
  2. 2 Whether the principle of open justice necessitates disclosure of evidence heard in camera after conclusion of trial
  3. 3 Whether the court has jurisdiction to permit accredited journalists to attend in camera hearings subject to confidentiality

Ratio Decidendi

A departure from the principle of open justice remains strictly necessary due to the nature of the evidence and ongoing national security concerns. The court, having scrutinised the reasons, found that disclosure of evidence heard in camera would seriously affect national security, and thus reporting restrictions must continue.

Court Disposition

appeal dismissed

Orders

  • Reporting restrictions imposed during the trial of Erol Incedal remain in force; evidence heard in camera is not to be made public.
  • Registrar to form a working party to advise the Court of Appeal on retention and disclosure of closed judgments.