Judicial review was sought of a decision by the coroner to allow police witnesses to give evidence behind screens so as to protect their identities. The deceased had been arrested, had struggled violently in custody, vomited, deteriorated and taken to hospital in restraints. He had died at the hospital.
Held: Review was granted.
Being able to see a witness give evidence is an important factor in assessing demeanour and credibility, but screening was common in criminal trials because the courts had recognised both the needs of vulnerable witnesses and innocent bystanders giving evidence in difficult circumstances and the benefit to the quality of their evidence from being made comfortable. This was not seen as undermining public confidence in the system of justice or the openness of the process. However, the position here was significantly different. In the case of an inquest such as this the public interest in seeing the police officers, however they were involved, was of a different nature and measure from the public interest in seeing a vulnerable complainant or witness give evidence and the risk of undermining public confidence all the more obvious.
Judges:
Mrs Justice Jefford
Citations:
[2019] EWHC 2897 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Chief Constable of West Yorkshire Police and Others v Dyer and Others CA 27-Oct-2020
Appeal with permission against the Orders on a judicial review quashing in part the decision of the Coroner (the second respondent to this appeal) that the officers in question should give their evidence at the inquest of Andrew Hall from behind . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 31 January 2022; Ref: scu.648103