NS Consulted on Open Justice and CFA Reform

The NS welcomes the Government’s decision not to introduce anonymity for defendants in rape cases but is concerned that a combination of new restrictions on release of information and reporting are under consideration.

Despite transparency initiatives on court results and sentences, the Government has confirmed its intention to provide anonymity for teachers facing false allegations, with legislation possible as early as the New Year; to give powers to coroners to exclude the press and public from inquests and to prevent information (including the name of the deceased) from being given out in open inquests; to  recommend procedural safeguards over ministerial powers to revoke or vary reporting restrictions and anonymity orders imposed in public inquiries, enabling them to continue to apply after the inquiry has ended; raised significant concerns over preservation of confidentiality and post- inquiry access to transferred inquiry records under FOI legislation; and will introduce a Green Paper on the use of intelligence and sensitive material in judicial proceedings, which is likely to have repercussions for open justice.

The NS will be raising these issues with the Government, which has already confirmed that it will consult the NS  before proceeding with the Law Commission’s proposals for new rights of  appeals against variation and revocation of section 39 CYPA anonymity orders and other reporting restrictions.

CFA Reform

The Government has launched its consultation on reform of conditional fee arrangements and implementation of the Jackson Review, including the key reforms that success fees and ATE premiums should no longer be recoverable from the losing party.

The MoJ Business plan suggests that legislation could be introduced in spring 2011 to implement reform.

The NS and other media organisations have campaigned for urgent action to address the chilling effect upon free speech that the current cfa regime has caused and will be responding to the consultation.

For further information please contact Santha Rasaiah on 020 7632 7461 or e-mail santha_rasaiah@newspapersoc.org.uk.