R (Yam) v Central Criminal Court

Subject Matter

CROWN COURT — Practice — Reporting restrictions — Order that evidence heard in camera not be published — Whether within statutory powers — Whether within inherent powers of court — Administration of Justice Act 1960, s 12(1)(c) — Contempt of Court Act 1981, ss 2(1), 11

[2014] EWHC 3558 (Admin); [2016] AC 771; [2015] 3 WLR 1050; [2015] 3 All ER 354; [2015] 1 Cr App R 114; [2015] ACD 26; [2014] CN 1877, DC

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RIGHTS — Access to courts — European Court of Human Rights — Order made by Crown Court that evidence heard in camera not to be published — Convicted person applying to European Court of Human Rights alleging that right to fair trial infringed — Judge refusing to vary order to permit disclosure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), arts 34, 38

[2014] EWHC 3558 (Admin); [2016] AC 771; [2015] 3 WLR 1050; [2015] 3 All ER 354; [2015] 1 Cr App R 114; [2015] ACD 26; [2014] CN 1877, DC

JUDICIAL REVIEW — Crown Court — Jurisdiction — Order that evidence heard in camera not be published — Whether matter “relating to trial on indictment” — Whether order amenable to judicial review — Senior Courts Act 1981, s 29(3) (as amended by Civil Procedure (Modification of Supreme Court Act 1981) Order 2004, art 3(b))

[2014] EWHC 3558 (Admin); [2016] AC 771; [2015] 3 WLR 1050; [2015] 3 All ER 354; [2015] 1 Cr App R 114; [2015] ACD 26; [2014] CN 1877, DC

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RIGHTS — Access to courts — European Court of Human Rights — Order made by Crown Court that evidence heard in camera not to be published — Convicted person applying to European Court of Human Rights alleging that right to fair trial infringed — Judge refusing to vary order to permit disclosure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

[2015] UKSC 76; [2016] AC 771; [2016] 2 WLR 19; [2017] 1 All ER 462; [2016] 1 Cr App R 17; [2015] WLR (D) 526; Case details, SC(E)

CROWN COURT — Practice — Reporting restrictions — Order made by Crown Court that evidence heard in camera not to be published — Convicted person applying to European Court of Human Rights alleging that right to fair trial infringed — Judge refusing to vary order to permit disclosure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 (1953), arts 34, 38

[2015] UKSC 76; [2016] AC 771; [2016] 2 WLR 19; [2017] 1 All ER 462; [2016] 1 Cr App R 17; [2015] WLR (D) 526; Case details, SC(E)

Appellate History

Commentary

Blackstones Criminal Practice 2025
Right to a Fair Trial - Right to a Public Hearing A7.52