Open justice & the courts
Can There Be Valid Reasons for Withholding Information from the Public During a Trial?
LNAT Section B ยท Founder's essay plan
The essay question
Can there be valid reasons for withholding information from the public during a trial? If so, under what circumstances?
The plan
Stance
Yes โ but only in exceptional, judicially supervised cases.
- Jurisdiction focus: UK/ECHR with comparative references (US, Canada).
- Word target: 750.
Definitions
- Withholding information: Preventing disclosure of some material to the public (media, observers) while still allowing its use in the trial. Includes anonymisation, redactions, reporting restrictions, and closed material procedures.
- Valid reasons: Ethically defensible and legally principled justifications that respect Article 6 ECHR (fair trial) and the principle of open justice.
- Public trial principle: Rooted in Scott v Scott [1913]: "justice should not only be done, but should manifestly and undoubtedly be seen to be done."
Assumptions under challenge
Read the full plan
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