Closing down Open Justice in the United Kingdom?

United Kingdom, HM Government, Justice and Security Green Paper (Cm 8194, October 2011). The Queen's Speech on 9 May 2012 revealed the government's plans to bypass the preparatory White Paper stage and accelerate to a bill.

Bray Rebecca Scott , ‘Executive Impunity and Parallel Justice?: The United Kingdom Debate on Secret Inquests and Inquiries’ (2012) 19 JLM 569.

HM Government, above n 1, 3.

Advocates Special , Justice and Security Green Paper: Response to Consultation from Special Advocates (16 December 2011), 6.

Secretary of State for the Home Department v AF [2010] 2 AC 269; [2009] UKHL 28.

A v United Kingdom (2009) 49 EHRR 29.

R (Binyam Mohamed) v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65.

Al-Rawi v Security Service [2011] UKSC 34.

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2048 (Admin) (21 August 2008) (rev 31 July 2009); See also Tomkins Adam , ‘National Security and the Due Process of Law’ (2011) 64 Current Legal Problems 1.

R (Binyam Mohamed) v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65.

See HM Government, above n 1, 9.

Al-Rawi v Security Service [2011] UKSC 34 [14] (Lord Dyson).

See, eg, JUSTICE , Justice and Security Green Paper (Cm 8194) Consultation Response (January 2012).

Ruling of Dame Heather Hallett, Coroner's Inquests into the London Bombings of 7 July 2005 (3 November 2010), 3.

Ibid 45.

Secretary of State for the Home Department v Assistant Deputy Coroner for Inner West London [2010] EWHC 3098 (Admin).

INQUEST, ‘INQUEST Welcomes High Court's Rejection of ‘Secret Inquests’, (Press release, 22 November 2010).

HM Government, above n 1, 16.

UK JCHR, Inquiry into the Human Rights Implications of the Justice and Security Green Paper.

UK, JCHR, Justice and Security Green Paper, Twenty-fourth Report of Session 2010–12, HL Paper 286, HC 1777 (4 April 2012).

Liberty, Liberty's response to the Ministry of Justice's Green Paper – Justice and Security (January 2012) at [25].

On Counter-Terrorism Bill 2008 (UK) see, eg, INQUEST, Briefing for Second Reading of the Counter-Terrorism Bill (April 2008); on Coroners and Justice Bill 2009 (UK) see, eg, INQUEST-Liberty-JUSTICE, Inquest-Liberty-Justice Joint Briefing on Clauses 11–12 of the Coroners & Justice Bill for Second Reading in the House of Lords (April 2009). On Green Paper, see INQUEST, INQUEST and the INQUEST Lawyers' Group's Response to the Justice and Security Green Paper (Cm 8194) (January 2012); JUSTICE, above n 13, 22–23 at [30]–[33]; Liberty, above n 21, [21]–[25].

See submissions to the Green Paper consultation: INQUEST (January 2012) above n 22; see also JUSTICE, above n 13, [30]–[33]; Liberty, above n 21, [21]–[25]; INQUEST and the INQUEST Lawyers Group's Submission to the JCHR Inquiry into the Justice and Security Green Paper (January 2012); see also eg JUSTICE, JCHR: Justice and Security Green Paper Inquiry (January 2012).

JUSTICE, above n 13, 22–23 at [30]–[33].

HM Government, above n 1, 22 at [2.4].

Walker Clive , Submission to the Ministry of Justice, Justice & Security Green Paper (29 December 2011), 3 at [7].

Ibid 4 at [8].

Lynch Andrew McGarrity Nicola & Williams George , ‘The Emergence of a “Culture of Control”’ in McGarrity Nicola Lynch Andrew and Williams George (eds) Counter-terrorism and Beyond: The Culture of Law and Justice After 9/11, (Routledge, 2010), 4.

McGarrity Nicola & Williams George , ‘When Extraordinary Measures Become Normal’ in McGarrity , above n 28, 131–149. See also MacDonald Edwina & Williams George , ‘Combating Terrorism: Australia’ Criminal Code since September 11, 2001' (2007) 16(1) Griffith Law Review 27, 51.

McNamara Lawrence & McIntosh Sam , Justice and Security Green Paper: Response (6 January 2012), 4 at [3.8].

McCullough Angus , ‘Should More Trials be Held in Secret?’ (1 December 2011) http://ukhumanrightsblog.com/2011/12/01/should-more-trials-be-held-in-secret-part-2-a-special-advocates-comment/.

JUSTICE, above n 13, 8 at [8].

Ibid 5 at [6]; see also Walker , above n 26, 1 at [3], 10–11 at [22].

McNamara and McIntosh , above n 30, 3 at [3.2]; see also Martin Greg , ‘No Worries? Yes Worries! How New South Wales is Creeping Towards a Police State’ (2010) 35(3) Alternative Law Journal 163, 167.