The Weekly Law Reports
[2015] 3 WLR 1050
Queen’s Bench Division
Regina (Yam)
v
Central Criminal Court
[2014] EWHC 3558 (Admin)
2014 Oct 2;
31
Elias LJ, Hickinbottom J
Crown Court— Practice— Reporting restrictions— Order that evidence heard in camera not be published— Whether within statutory powers— Whether within inherent powers of court—
Administration of Justice Act 1960 (8 & 9 Eliz 2, c 65), s 12(1)(c)[1]
—
Contempt of Court Act 1981 (c 49), ss 2(1), 11[2]
Human rights— Access to courts— European Court of Human Rights— Order made by Crown Court that evidence heard in camera not to be published— Convicted person applying to European Court of Human Rights alleging that right to fair trial infringed— Judge refusing to vary order to permit disclosure to European court— Whether access to European court fundamental right— Whether absolute right— Whether any infringement of right of access proportionate— Whether exercise of judge’s discretion reviewable—
Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), arts 34, 38[3]
Judicial review— Crown Court— Jurisdiction— Order that evidence heard in camera not be published— Whether matter “relating to trial on indictment”— Whether order amenable to judicial review—
Senior Courts Act 1981 (c 54), s 29(3) (as amended by Civil Procedure (Modification of Supreme Court Act 1981) Order 2004 (SI 2004/1033), art 3(b))[4]