A fine balance? David Burrows reflects on balancing public interest, the administration of justice & confidentiality
Why open justice? Three answers will suffice for now; but first to be quite clear what is meant by ‘open justice’. It has three related, but separate, aspects:
- whether the public, especially the media, are permitted to come into court;
- whether and documents or other information (here called ‘material’) can be released to any of the public (a) before a hearing; and (b) afterwards; and
- whether any names such as of parties, witnesses, public bodies or opinion witnesses can be released.
Of these three I will concentrate on the first two. To the question ‘why open justice’ replies—mostly in relation to the second —release of material–issue, answers have included, first Jeremy Bentham, quoted by Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417at 477 who said: ‘Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It
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