Secrets and protecting witnesses- ML 1

What is blackmail?

It involves unwarranted demands with menaces for gain.

Section 11 of the contempt of court act 1981

Often used to grant anonymity to blackmail victims and can be applied more broadly as a reporting restriction. Cannot be used retrospectively and should only be imposed if necessary for administration of justice.

What common laws allow courts to withhold?

Names from public during a case.

When can S11 orders be used?

To protect blackmail victims to encourage them to report crimes, enable open testimony and deter blackmailers. It can also be used to protect commercial secrets in civil or criminal cases involving sensitive information like secret recipes.

What are the orders used for?

To protect national security by preventing the publication of military secrets or identification of undercover agents. It also prevents publication of info that could put anyone at risk of harm (defendants, witnesses)

What do courts have to do before granting S11?

They must be satisfied that there is genuine and immediate risk of death or serious harm, requiring objective and verifiable evidence, before granting such orders?

Who aren’t the S11 orders meant for?

Defendants, seeking to prevent harassment, protect business or children indirectly involved. (case law) Orders shouldn’t protect witnesses from embarrassment except in blackmail (not automatic).

Section 46 of youth justice and criminal evidence

Allows the court to ban the media from ID an adult witness. protection is lifetime provided the witness is distressed or fearful of being ID.

When can adult witnesses be ID?

When they give written consent to being Id by the media without involving the court.