Hicks & Ors, R (on the application of) v Senior Coroner for Inner North London & Ors

Hicks & Ors, R (on the application of) v Senior Coroner for Inner North London & Ors

The Coroner's decision to exclude the family from the courtroom during the officers' evidence was lawful and justified, given the real risk of threat to the officers if their identities were disclosed, even indirectly. The restriction was necessary to give effect to the anonymity order and protect the officers'...

Source-derived case information.

Parties
Claimant: Claudia Hicks; Claimant: David Hicks; Claimant: Dione Hicks; Claimant: Michael Hicks; Claimant: William Millar; Claimant: Bill Proudfoot; Defendant: Senior Coroner for Inner North London; Interested Party: Officer A; Interested Party: Officer B; Interested Party: Officer C; Interested Party: Officer D; Interested Party: Commissioner of Police for the Metropolis; Interested Party: Independent Police Complaints Commission; Interested Party: Guardian News and Media Limited
Jurisdiction
England and Wales
Judgment Date
15 July 2016
Procedural Posture
Judicial Review / Judgment
Outcome
application for judicial review dismissed
Legal Topics
Open Justice, Witness Anonymity, Special Measures, Article 2 ECHR, Article 3 ECHR, Inquest Procedure
Administrative Law Human Rights Law Coronial Law Open Justice Witness Anonymity Special Measures Article 2 ECHR Article 3 ECHR +1 more

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Parties

Claudia Hicks

Claimant

David Hicks

Claimant

Dione Hicks

Claimant

Michael Hicks

Claimant

William Millar

Claimant

Bill Proudfoot

Claimant

Senior Coroner for Inner North London

Defendant

Officer A

Interested Party

Officer B

Interested Party

Officer C

Interested Party

Officer D

Interested Party

Commissioner of Police for the Metropolis

Interested Party

Independent Police Complaints Commission

Interested Party

Guardian News and Media Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Coroner's exclusion of the family from the courtroom during police officers' evidence was lawful
  2. 2 Whether the measures taken infringed the principle of open justice
  3. 3 Whether the risk to officers justified the restriction under Article 2 and Article 3 ECHR

Ratio Decidendi

The Coroner's decision to exclude the family from the courtroom during the officers' evidence was lawful and justified, given the real risk of threat to the officers if their identities were disclosed, even indirectly. The restriction was necessary to give effect to the anonymity order and protect the officers' rights under Articles 2 and 3 ECHR. The Coroner was not required to find a direct threat from the family; the risk from others if identification occurred was sufficient.

Court Disposition

application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Application for judicial review dismissed