The test of whether a coroner should grant anonimity to a witness involved a decision on whether or not there was objective evidence to show that the fears of the Respondent established a serious or real possibility of danger to life. Burton J stated that it was common ground that ‘The fundamental principle at stake is one of open justice. It is important that justice both in the courts and in the courts of record, such as the Coroner’s courts, be done in public thus not only that the public have access to the court but they have access to the information given in court unless an exception to that rule is established to be necessary. This principle was originally laid down, and has often been repeated thereafter, in Scott v Scott [1913] AC 417.
Departure from that general rule must be an exception and such exception must be regarded strictly.’ and ‘The nature of the hearing must be relevant. It is likely to be more difficult for there to be such restrictions imposed in a criminal trial, where, for example, an accused’s lawyers may or will need as much information as they can about a witness in order to be able to challenge credibility, than an inquest or inquiry where, as here, the Coroner in any event knew the identity of the witnesses.’
Judges:
Burton J
Citations:
[1999] 164 JP 283
Cited by:
Cited – Bennett v Officers A and B and Commissioner of Police for the Metropolis CA 2-Nov-2004
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected . .
Cited – LM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 30 April 2022; Ref: scu.220483
