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14 February 2013
Issue: 7548 / Categories: Legal News
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Secret justice fears

Will secret courts become the "default" position in sensitive cases?

Secret courts could become the “default” position where sensitive material is involved after ministers reversed Lords’ amendments to the Justice and Security Bill.

Where closed material procedures (secret courts) are used, the government presents its evidence in secret session in the absence of the other party, his or her lawyer, the press and the public. Only the judge, a government representative and a government-appointed special advocate are allowed to attend.

They are used for deportation orders, control orders, terrorist-related asset freezing cases, appeals against the proscription of organisations and in parole-board hearings. They have also been used by the employment tribunal in a 2000 race discrimination claim involving issues of national security.

In November, the government suffered cross-party defeats on the Bill after Peers introduced a series of amendments to make secret courts a "last resort".

This week, however, the Commons Committee scrutinising the Bill passed new government amendments reversing the changes.

This means the "last resort" amendment has been overturned and secret hearings could become the “default”, civil liberties organisations have warned.

Angela Patrick, director of human rights policy at Justice, says: “The government failed to make the case for expanding secret justice wholesale.

“Now ministers reject even minor changes to the plan to make closed hearings the default in some cases. Parliament must dig through the spin and reject this unjustifiable and damaging challenge to open justice and accountability.”

The government now faces the prospect of a vote to scrap Pt 2 of the Bill or re-instate the Lords’ amendments when the Bill moves through report stage in the Commons.
 

Issue: 7548 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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