Cases

R v Burrell

Held

The judge followed the 3-stage test set out in R v Sherwood ex p. The Telegraph Group [2001] 1 WLR 1983 and reached the following conclusions: there was an “appreciable risk” that X might not give evidence if the order were not imposed and that this would constitute a “not insubstantial risk” of prejudice to the administration of justice; a lifetime ban on reporting all sensitive and embarrassing evidence concerning the alleged rape for the duration of X’s life would eliminate the perceived risk of X not giving evidence; but that such a ban was not “necessary for avoiding a substantial risk of prejudice to the administration of justice”. In all the circumstances, he concluded that the public interest in the open administration of justice was “so strongly against such an order” that it would not be in the interests of justice to impose it.

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