R v B

This case concerns the appeal of a decision of the District Court to refuse to prohibit the publication of the name of the appellant during the period prior to trial. The appellant was charged on an indictment containing six counts of sexual offending against four different women. While awaiting hearing of a defence application for severance and separate trials of counts of sexual offending contained in a single indictment, he applied to the District Court for orders under ss 138 and 140 of the Criminal Justice Act 1985 that there be no publication of the proceedings and that publication of his name be withheld. The District Court declined the application. An appeal against its decision was dismissed by the High Court. The issue is how to reconcile important competing values, including those commonly described as open justice and an accused’s right to a fair trial, in deciding whether publication of the appellant’s name and particulars of the other charges against him should be forbidden during the period prior to trial. The Court held that on the facts of this case the answer is clear. The right to a fair trial trumps all else. The reasons for severance – to avoid injustice because admission of evidence on other counts would be unfairly prejudicial to the accused and thus to a fair trial – apply equally to the prohibition of publication of name and of particulars of the other charges. The interests of open justice can be met by postponing publication. The appeal was allowed.