The Law Reports (Appeal Cases)
[2016] AC 771
Supreme Court
Regina (Yam)
v
Central Criminal Court
[2014] EWHC 3558 (Admin)
[2015] UKSC 76
2014 Oct 2;
31
Elias LJ, Hickinbottom J
2015 Nov 2;
Dec 16
Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Reed, Lord Toulson JJSC
Crown Court— Practice— Reporting restrictions— Order made by Crown Court that evidence heard in camera not to be published— Convicted person applying to European Court of Human Rights alleging that right to fair trial infringed— Judge refusing to vary order to permit disclosure to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 judge properly exercising discretionary power— Whether decision breaching United Kingdom’s international obligations— Whether breaching domestic law—
Convention for the Protection of Human Rights and Fundamental Freedoms, arts 34, 38
Human rights— Access to courts— European Court of Human Rights— Order made by Crown Court that evidence heard in camera not to be published— Convicted person applying to European Court of Human Rights alleging that right to fair trial infringed— Judge refusing to vary order to permit disclosure to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 decision hindering effective exercise of convicted person’s right of application to European court— Whether for domestic or European court to order disclosure if appropriate—
Convention for the Protection of Human Rights and Fundamental Freedoms, arts 34, 38
Judicial review— Crown Court— Jurisdiction— Order that evidence heard in camera not to be published— Whether matter “relating to trial on indictment”— Whether order amenable to judicial review—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))