In this guest post, Hugh Tomlinson QC previews an appeal to the Supreme Court in a case that considers where the balance lies between rights to privacy and the principle of open justice. The post was first published on the Inforrm blog.
On 17 and 18 January 2017, a seven judge Supreme Court will hear the claimant’s appeal against the decision of the Court of Appeal in the case of PNM v Times Newspapers ( EWCA Civ 1132).
That Court had upheld the judge’s view that, on the basis of the “open justice principle”, information mentioned in open court concerning a person who was arrested but not charged could be reported.
The claimant was one of a number of men arrested in March 2012 in connection with a Thames Valley Police investigation into allegations of child sex grooming and prostitution. The claimant was released on bail and was subsequently notified that he was to be released without charge.
Nine men were charged and a criminal trial took place at the Central Criminal Court between January and May 2013. The claimant was not a party or witness at the criminal trial. On 25 January 2013 order under section 4(2) of the Contempt of Court Act 1981 was made prohibiting publication of any report which referred to evidence which may identify or tend to identify him.
On 14 May 2013, seven of the defendants were convicted of numerous serious sexual offences. A further order under section 4(2) of the Contempt of Court Act 1981 was made on the claimant’s application. It prohibited disclosure of details of applications made to the Court by Thames Valley Police (which concerned certain of the claimant’s property).
The claimant’s full name was mentioned in open court when a police officer said that a witness had failed to pick him out on an identification parade. He was also mentioned in the course of cross-examination, in speeches and in the summing up.
At the conclusion of the criminal trial the Judge declined to discharge the section 4(2) order until the decision was made as to whether the claimant would be charged. In July 2013 the police notified the claimant that he was not going to be charged. The Times and the Oxford Mail applied to discharge the section 4(2) but, before he had handed down his ruling, the claimant applied to the High Court for an injunction.
By an application made on 15 October 2013 against the Times, the Oxford Mail and two journalists, the claimant sought an order to prevent publication of the fact of his arrest on suspicion of committing serious sexual offences against children and associated information because of the fear of the damage such publications may cause to him and his family, including his children.