Anonymity benefits maintained
The news services challenged an anonymity order made under section 46 of the 1999 Act in the course of crown court proceedings to protect an adult witness.
Held: The CACD has jurisdiction to hear such an appeal by virtue of section 159 of the 1988 Act. Applying such jurisdiction, the court confirmed the order, and rejected the appeal. The propriety of the order was not undermined by the fact that her name had been circulated on the internet. In the nature of the process, the identify of a witness is known, but the section extended beyond repetition of the name to include, for example photographs and films identifying her.
Igor Judge LCJ, Royce, Globe JJ
[2013] EWCA Crim 773, [2013] WLR(D) 187, [2014] Crim LR 375, [2014] 1 WLR 199, [2013] 2 Cr App R 22, [2013] EMLR 22
Bailii, WLRD
Youth Justice and Criminal Evidence Act 1999, Criminal Justice Act 1988
England and Wales
Cited by:
Cited – Pembrokeshire Herald, Re (Leave To Appeal) CACD 27-Jul-2021
A teacher had been tried and acquitted of sexual assaults on girls at his school. The court made an order restricting reporting to disallow identification of anyone involved. The paper now appealed from refusal after the trial to lift the . .
Cited – Pembrokeshire Herald, Re (Leave To Appeal) CACD 27-Jul-2021
A teacher had been tried and acquitted of sexual assaults on girls at his school. The court made an order restricting reporting to disallow identification of anyone involved. The paper now appealed from refusal after the trial to lift the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Media
Leading Case
Updated: 09 November 2021; Ref: scu.509987