Court: Court Martial Appeal Court

Risks to privacy rights did not outweigh open justice in courts-martial

R v Marine A & Ors [2013] EWCA Crim 2367

An order had been made preventing the publication of the names of marines who had been involved in the death of an Afghan insurgent. Held: the name of Marine A should be made public as there was a greater public interest in knowing who he was. The same arguments applied to Marines B & C. The risks to ECHR, art 8 did not outweigh the importance of open justice. The matter was remitted with relation to Marines D & C.