Cases

R (on the application of Harper and Johncox) v Aldershot Magistrates Court & Ors

Facts

The claimants were two senior police officers (H and J) facing trial before magistrates on criminal charges alleging improper interference with prosecutions for speeding. They applied for an order that their home addresses be withheld from the public, and that the media be banned from reporting them. The magistrates refused the order and the men's addresses were read out in open court.

A temporary injunction was granted later that evening by Mr Justice Jack, banning publication of their addresses. The men sought an order continuing the injunction and also applied for judicial review of the magistrates' decision.

Counsel for the claimants argued that there was evidence to show that there was a genuine concern for their safety and that of their families.The officers had been involved in investigating and prosecuting serious crime for more than 25 years, and had been involved in covert operations. H and his family had previously been placed in a witness protection scheme for 18 months following his involvement in the investigation of a serious crime.

Counsel for the claimants further contended that as their application was limited to the men's home addresses it was proportionate and the least derogation possible from the principle of open justice.

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