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

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

Related Member(s):
Hugh Tomlinson QC
Related Practice Area(s):
Crime and Regulatory Law, Media and Information Law, Human Rights

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.

Hugh Tomlinson QC was involved in this case.