Rape victim makes plea to others – BBC News

“A woman, raped by an ex-boyfriend, has waived her anonymity to encourage other victims to report their ordeal.”

Full story

BBC News, 6th February 2009

Source: www.bbc.co.uk

Gay father hunts for lesbian mother who vanished with son – The Times

“A gay father whose son was ’snatched’ away by his lesbian mother during family court proceedings was finally able to appeal publicly for his safe return yesterday after restrictions on identifying the parties was lifted.”

Full story

The Times, 18th December 2008

Source: www.timesonline.co.uk

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others – WLR Daily

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390

“In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral evidence in the proceedings.”

WLR Daily, 16th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges rule on witness anonymity – BBC News

“Emergency laws to protect the anonymity of witnesses do not allow them to have their evidence read out in their absence, appeal judges have ruled.”

Full story

BBC News, 13th December 2008

Source: www.bbc.co.uk

How the law protects victims and their families from ‘jigsaw’ identification – The Times

“The daughters who were raped by their father, and their surviving children, are protected in law from being identified because of the anonymity granted to victims of sexual offences.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Naming and shaming criminal masterminds ‘infringes their human rights’ – Daily Telegraph

“The leaders of the Serious Organised Crime Agency (Soca) have been ‘deeply frustrated’ after lawyers advised them not to name 39 convicted criminals because it would breach the convicts’ right to a family and private life, and could amount to an ‘unfair’ punishment.”

Full story 

Daily Telegraph, 12th November 2008

Source: www.telegraph.co.uk

In re Times Newspapers Ltd and Another – Times Law Reports

In re Times Newspapers Ltd and Another

Courts-Martial Appeal Court

“To be entitled to make any order for anonymity for all or any of a number of defendants in a case in which no applicable statute provided a power justifying such an order, a court had to have regard to the relevant tests identified at common law, namely, whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

The Times, 31st October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re Times Newspapers Ltd and another – WLR Daily

In re Times Newspapers Ltd and another [2008] EWCA Crim 2396; [2008] WLR (D) 331

“For a court to order the anonymisation of defendants’ names in a case in which no applicable statute provided a power justifying such an order, careful regard would have to be had to the relevant tests identified at common law, viz whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

WLR Daily, 28th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SAS troops may be named at inquests after new ruling – Daily Telegraph

“Special Forces soldiers who die in action could be named in inquests after a coroner overturned a ruling to allow the identification of two dead troops.”

Full story

Daily Telegraph, 29th July 2008

Source: www.telegraph.co.uk

New witness rules introduced to protect trials – The Times

“Tighter rules on when witnesses can claim anonymity in court were issued yesterday to ensure that trials are not undermined because defendants do not know the identity of witnesses.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Times wins ruling over secrecy of family court – The Times

“Details of private family court proceedings that led to a mother fleeing the country with her son after he was placed in foster care have been disclosed after legal action by The Times.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Witness anonymity bill is passed – BBC News

“Emergency legislation to allow witnesses in sensitive criminal trials to give evidence anonymously has cleared Parliament.”

Full story

BBC News, 16th July 2008

Source: www.bbc.co.uk

Podcast 67: R v Davis – Witness Anonymity with Andrew Keogh – Charon QC

“On the 18th June the House of Lords handed down their opinions
IN THE CAUSE
R v Davies (Appellant) (On appeal from the Court of Appeal (Criminal Division))

I quote from the speech of Lord Bingham, the senior law lord at paragraph 5 : ‘It is a long-established principle of the English common law that, subject to certain exceptions and statutory qualifications, the defendant in a criminal trial should be confronted by his accusers in order that he may cross-examine them and challenge their evidence.’

Today I am talking to Andrew Keogh, a barrister, published author and author of the White Rabbit blog about the case and the proposed anonymity legislation”

Podcast

Charon QC, 10th July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Changes to prosecution witness anonymity rules may not save trials – The Times

“Prosecutions are at risk of not going ahead even if fast-track plans to allow witnesses anonymity in court are approved, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Cases ‘at risk’ without anonymity – BBC News

“A ‘large number’ of court cases could be ‘at risk’ if judges do not have the power to grant anonymity to witnesses, MPs and peers have been told.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

Parliamentary Briefing on the Criminal Evidence (Witness Anonymity) Bill 2008 – The Bar Council

“The Bar Council has prepared a Parliamentary Briefing on the Criminal Evidence (Witness Anonymity) Bill 2008 which is being taken through its Commons Second Reading stage tomorrow, Tuesday 8 July 2008.”

Parliamentary Briefing Paper (PDF)

The Bar Council, 7th July 2008

Source: www.barcouncil.org.uk

Straw unveils witness legislation – BBC News

“Emergency legislation to restore trial judges’ powers to grant anonymity to witnesses has been unveiled by Justice Secretary Jack Straw. “

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

Jean Charles de Menezes inquest: 44 police officers granted anonymity – Daily Telegraph

“All 44 police officers who applied for anonymity at the inquest into the death of Jean Charles de Menezes will have their identity kept secret using a screen and code-names, it was ruled on Monday.”

Full story

Daily Telegraph, 30th June 2008

Source: www.telegraph.co.uk

Fatal new year party that led to Lords ruling on anonymity – The Guardian

“It was 9am on New Year’s Day in Hackney, east London, and still party time. A flat in an unremarkable side street had been rented by two Ethiopians for the festivities.

Six years later, that double murder is at the centre of the current storm over anonymity of witnesses which has prompted the justice secretary, Jack Straw, to introduce an emergency bill on the subject which will be rushed through the Commons next week.”

Full story

The Guardian, 30th June 2008

Source: www.guardian.co.uk

Childless couples denied as anonymity loss scares egg and sperm donors – The Times

“The removal of anonymity from sperm and egg donors has provoked a crisis in fertility treatment that is denying couples the chance to try for a baby.”

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

Straw’s emergency bill to shield witnesses – The Guardian

“Jack Straw, the justice secretary, will introduce an emergency bill in the Commons next week to try to stop hundreds of serious criminal cases collapsing because of concerns about anonymous witnesses. Announcing the move yesterday, he said the bill was expected to go through all its Commons stages the week beginning July 7.”

Full story

The Guardian, 27th June 2008

Source: www.guardian.co.uk

‘This was the way these mothers won justice’ – The Times

“When Jacqui Smith heard last week that the judiciary had effectively outlawed courtroom protection for witnesses, she thought of her conversations with the mothers of Letisha Shakespeare and Charlene Ellis.”

Full story

The Times, 25th June 2008

Source: www.timesonline.co.uk

The Anonymity Crisis – BBC Law in Action

“A House of Lords judgement on witness anonymity has created huge headaches for courts and lawmakers – but is there a way forward?”

Full story

BBC Law in Action, 24th June 2008

Source: www.bbc.co.uk

Dozens of murder cases at risk after collapse of hitman trial – The Times

“Ministers are determined to rush through emergency laws to halt the collapse of criminal cases throughout England and Wales after senior judges ruled that granting witnesses anonymity could make trials unfair.”

Full story

The Times, 25th June 2008

Source: www.timesonline.co.uk

Analysis: criminals will go free unless ministers act on anonymity – The Times

“Scores of trials around England and Wales appeared to be risk today as the impact of a House of Lords ruling last week begins to bite.”

Full story

The Times, 24th June 2008

Source: www.timesonline.co.uk

Law Lords anonymity ruling takes first casualty – The Times

“The first major murder trial to be hit by last week’s law lords’ ruling on witness anonymity was halted at the Old Bailey today.”

Full story

The Times, 24th June 2008

Source: www.timesonline.co.uk

John Yates, assistant commissioner of the Metropolitan Police, fears killers will go free – Daily Telegraph

“Dozens of Britain’s most dangerous criminals, including murderers and terrorists, could be freed from jail after a potentially ‘disastrous’ ruling by senior judges, a leading police officer has warned.”

Full story

Daily Telegraph,

Source: www.telegraph.co.uk

10 cases where anonymous witnesses secured a conviction – Daily Telegraph

“10 cases where anonymous witnesses helped secure a conviction.”

Full story

Daily Telegraph, 20th June 2008

Source: www.telegraph.co.uk

Straw wants ‘urgent’ law change to allow anonymous evidence – The Guardian

“An ‘urgent’ change in the law is being considered to allow anonymous witness evidence to be used in court, the government said today.”

Full story

The Guardian, 21st June 2008

Source: www.guardian.co.uk

R v Davis – WLR Daily

R v Davis [2008] UKHL 36; [2008] WLR (D) 196

“Protective measures, ensuring the anonymity of witnesses without whose evidence the defendant could not have been convicted of murder, denied him the opportunity properly to advance his defence and accordingly rendered his trial unfair.”

WLR Daily, 19th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Trials suspended after ruling on secret witnesses – The Guardian

“Two trials at which anonymous witnesses were about to be called to give evidence were suspended for legal argument yesterday following a House of Lords judgment on Wednesday questioning the growing practice of granting anonymity to frightened witnesses.”

Full story

The Guardian, 20th June 2008

Source: www.guardian.co.uk

Regina v Davis (Iain) – Times Law Reports

Regina v Davis (Iain)

House of Lords

“Protective measures, which ensured the anonymity of three witnesses without whose evidence the defendant could not have been convicted of murder, rendered the trial unfair and were, accordingly, unlawful.”

The Times, 19th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

New Year gun killers may appeal – BBC News

“The four men convicted of murdering two teenage girls outside a New Year party may go to the Court of Appeal following a ruling over anonymous witnesses.”

Full story

BBC News, 19th June 2008

Source: www.bbc.co.uk

Law lords reject plans to protect witnesses from gang retaliation – Times Online

“A key government plan to crack down on Britain’s gang culture by granting anonymity to threatened witnesses was in disarray last night after top judges ruled that such protection could make a trial unfair. “

Full story

The Times, 19th June 2008

Source: www.timesonline.co.uk

Anonymous evidence ruled unfair – BBC News

“The Law Lords have ruled that a man convicted of a gun killing on the basis of evidence given by anonymous witnesses did not receive a fair trial.”

Full story

BBC News, 18th June 2008

Source: www.bbc.co.uk

Elderly and disabled should get anonymity in court, review proposes – The Guardian

“Elderly and disabled people and other victims of crime who fear reprisals may get anonymity in court as part of a wide-ranging review aimed at improving confidence in the criminal justice system.”

Full story

The Guardian, 18th June 2008

Source: www.guardian.co.uk

Police get new powers to wage war on gangs – The Times

“Witnesses who give evidence against gang members will be guaranteed their anonymity as soon as they come forward so they can be free from fear of reprisals, The Times has learnt.”

Full story

The Times, 22nd May 2008

Source: www.timesonline.co.uk

Police will not name missing sex convicts – Daily Telegraph

“A police force that lost track of eight sex offenders has been criticised by senior child protection figures for refusing to release their names and pictures.”

Full story

Daily Telegraph, 28th February 2008

Source: www.telegraph.co.uk

Crawford v Director of Public Prosecutions in the Queen’s Bench Divisional Court – Times Law Reports

Crawford v Director of Public Prosecutions in the Queen’s Bench Divisional Court

Queen’s Bench Divisional Court

“Courts should take great care when imposing orders restricting the reporting of criminal proceedings.”

The Times, 20th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re Trinity Mirror plc and Others – Times Law Reports

In re Trinity Mirror plc and Others

Court of Appeal

“The crown court had no jurisdiction to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that his children would be harmed since such an order was not incidental to the defendant’s trial, conviction and sentence.”

The Times, 13th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barrister who harassed his wife is named – The Times

“An eminent barrister and judge whose conviction for harassing his ex-wife and her new partner was kept secret by a gagging order can be named, the High Court ruled yesterday.”

Full story

The Times, 9th February 2008
Source: www.timesonline.co.uk

In re Trinity Mirror plc and others – WLR Daily

In re Trinity Mirror plc and others [2008] EWCA Crim 50; [2008] WLR (D) 27

“There was no jurisdiction under s 45(4)of the Supreme Court Act 1981 to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that such identification would harm the defendant’s children, who were neither witnesses in the proceedings nor victims of his offences, since such an order was not incidental to the defendant’s trial, conviction and sentence.”

WLR Daily, 5th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Convicted barrister wins gagging order – The Times

“A barrister convicted of a criminal offence has won a gagging order preventing him from being identified in the press in order to protect his children.”

Full story

The Times, 4th February 2008

Source: www.timesonline.co.uk

When claims are false, lives can be destroyed – The Times

“The latest rape allegation to attract intense publicity has raised again the question of whether accused men should be granted the same anonymity as their accuser, until convicted.”

Full story

The Times,  20th December 2007

Source: www.timesonline.co.uk

Bail hearing held in private to protect the victim – The Times

“A bail hearing this week involving one of two men alleged to be involved in a gay sex-and-drugs blackmail plot will be held in private — against the principle of open justice in the courts.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk

Warning to abusive bloggers as judge tells site to reveal names – The Guardian

“Disgruntled fans of Sheffield Wednesday who vented their dissatisfaction with the football club’s bigwigs in anonymous internet postings may face expensive libel claims after the chairman, chief executive and five directors won a high-court ruling last week forcing the owner of a website to reveal their identity.”

Full story

The Guardian, 22nd October 2007

Source: www.guardian.co.uk

Newspapers challenge anonymity for child porn offender – The Guardian

“A five-judge panel in the Court of Appeal is to be asked to decide whether a man who admitted 20 charges of making and possessing indecent pictures of children should have his identity protected because his two daughters might be harassed or bullied at school.”

Full story

The Guardian, 15th October 2007

Source: www.guardian.co.uk

Police want gun witness anonymity – BBC News

“Witnesses to gun crime should be given a guarantee they will not be identified in court, police chiefs say.”

Full story

BBC News, 6th September 2007

Source: www.bbc.co.uk

In re Officer L and others – WLR Daily

In re Officer L and others

“On an application by potential witnesses for anonymity a tribunal of inquiry had posed the correct test, under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, of whether a pre-existing risk of death would be materially increased if the witnesses were required to give evidence without anonymity.”

WLR Daily, 1st August 2007

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Officer L and Others – Times Law Reports

When tribunal witness requests anonymity

In re Officer L and Others

House of Lords

“On an application by potential witnesses for anonymity at a public inquiry, the appropriate test was whether a preexisting risk of death to the witness would be materially increased if he were required to give evidence without anonymity.”

The Times, 1st August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Aziz v. Aziz and Others, Sultan of Brunei intervening – Times Law Reports

Sultan has no special claim to anonymity

Aziz v. Aziz and Others, Sultan of Brunei intervening

Court of Appeal 

“The head of a foreign state had no right to anonymity in judgments in court proceedings brought by his former wife against certain defendants.”

The Times, 17th July 2007

Source: www.timesonline.co.uk  

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Sultan, his ex-wife and the £2m ’stolen’ by an invisible man – The Independent

“It is one of the most extraordinary court dramas of recent times, involving the Sultan of Brunei’s former wife, a fortune teller and a £2m gift to a man who may never have existed. But until yesterday, when three judges at the Court of Appeal ruled against the Sultan of Brunei’s right to anonymity in the case, its bizarre details had not been connected to him.”

Full story

The Independent, 12th July 2007

Source: www.independent.co.uk

Stalking victims given anonymity – BBC News

“New voting legislation is set to come into effect which will allow victims of stalking and domestic violence to keep their names off the electoral roll.”

Full story

BBC News, 1st June 2007

Source: www.bbc.co.uk

Teachers are treated unfairly in this culture of allegations, says Falconer – The Times

“Teachers accused of abuse of pupils should be guaranteed anonymity while the allegations are investigated, the Lord Chancellor said yesterday.”

Full story

The Times, 7th May 2007

Source: www.timesonline.co.uk

Wright witnesses in legal move – BBC News

“Five witnesses at the Billy Wright murder inquiry have won a legal battle for anonymity.” 

Full story

BBC News, 26th April 2007

Source: www.bbc.co.uk