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09 December 2011 / Tim Suter
Issue: 7493 / Categories: Features , Public , Human rights
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A cloistered virtue?

Do the government’s proposals on justice & security challenge the principle of open justice, asks Tim Suter

The principle of open justice is a fundamental tenet of our legal system. It encompasses the right of parties directly involved in legal proceedings, together with the wider public and the media, to attend legal proceedings. In the words of Lord Atkin (Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322, [1936] 1 All ER 704): “Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful…comments of ordinary men.” The rationale of a public hearing ensures confidence in the administration of justice and is a form of democratic control and, with well-trodden caveats to protect sensitive evidence, informs and energises how our justice system operates. 


The government’s recently published Justice and Security green paper challenges this long-held presumption with proposals that would permit, in prescribed circumstances, closed material procedures in civil proceedings and inquests; in other words secret hearings where evidence is introduced by one party, relied upon by the
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

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Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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