M, R (on the application of) v The Parole Board & Anor [2013] EWHC 1360 (Admin) (22 May 2013)

M, R (on the application of) v The Parole Board & Anor [2013] EWHC 1360 (Admin) (22 May 2013)

There is no real and immediate risk to the claimant's life or safety from publication of his identity in the context of these proceedings, as the risk can be effectively managed within closed prison or VPU conditions. The presumption of open justice and the public interest in reporting outweigh the claimant's asserted Convention rights in the present circumstances. The anonymity order is not justified and must be discharged.

Citation
[2013] EWHC 1360 (Admin)
Parties
Claimant: M; Defendant: The Parole Board; Interested Party: Secretary of State for Justice; Interveners: Associated Newspapers Limited, MGN Limited, News Group Newspapers Limited, Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2013
Procedural Posture
Judicial Review / Application to Discharge Anonymity Order After Substantive Judgment
Outcome
Anonymity order discharged
Legal Topics
Open Justice, Anonymity Orders, Freedom of Expression, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Article 10 ECHR, Judicial Review of Parole Board Decisions
Public Law Human Rights Media Law Open Justice Anonymity Orders Freedom of Expression Article 2 ECHR Article 3 ECHR +3 more

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Parties

M

Claimant

The Parole Board

Defendant

Secretary of State for Justice

Interested Party

Associated Newspapers Limited, MGN Limited, News Group Newspapers Limited, Times Newspapers Limited

Interveners

Procedural Posture

Judicial Review / Application to Discharge Anonymity Order After Substantive Judgment

Legal Issues

  1. 1 Whether the anonymity order protecting the claimant's identity in judicial review proceedings should be discharged
  2. 2 Whether publication of the claimant's identity would create a real and immediate risk to his life or safety engaging Articles 2 or 3 ECHR
  3. 3 How to balance the principle of open justice and media freedom (Article 10 ECHR) against the claimant's Convention rights (Articles 2, 3, 5, 8)

Ratio Decidendi

There is no real and immediate risk to the claimant's life or safety from publication of his identity in the context of these proceedings, as the risk can be effectively managed within closed prison or VPU conditions. The presumption of open justice and the public interest in reporting outweigh the claimant's asserted Convention rights in the present circumstances. The anonymity order is not justified and must be discharged.

Court Disposition

Anonymity order discharged

Orders

  • Paragraphs 1 and 2 of Simon J's anonymity order are discharged; reporting of the claimant's identity and offences in relation to these proceedings is permitted.