Lights, Camera, Oscar!*: Did Judge Masipa find in her judgment that the broadcast led to an unfair trial? – Dario Milo and Stuart Scott

21 10 2014

Judge Thokozile Masipa has, today, sentenced Oscar Pistorius to 5 years’ imprisonment in respect of his conviction for culpable homicide. Judge Masipa’s judgment in respect of the conviction, handed down last month, led to a sea of divided opinion. Read the rest of this entry »





South Africa: A mistrial for Oscar Pistorius? We think not – Dario Milo and Stuart Scott

15 07 2014

pistorius_2486158bOn Sunday night, Australia’s Channel 7 broadcast a video showing Oscar Pistorius apparently re-enacting various moments from the night he killed Reeva Steenkamp.  The footage was reportedly filmed in October 2013 by a US company, The Evidence Room, and reports say that it was commissioned by the defence team to assist with trial preparation in order to reconstruct Oscar Pistorius’ version of events. Read the rest of this entry »





How open will this newly opened justice be? – Lawrence McNamara,

14 06 2014

Royal Courts of JusticeAs the dust settles after Thursday’s Court of Appeal decision on whether a terrorism trial can be held in secret, there continue to be more questions than answers about what we know and what we will know. Read the rest of this entry »





Secret trials – a little transparency, a lot to worry about – Lawrence McNamara

12 06 2014

rcj-restricted-accessThe Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow. Read the rest of this entry »





Trial by Television, Lessons from Pretoria – Jonathan McCully

25 04 2014

Oscar Pistorius trialWhether cameras should be allowed into our courtrooms has been a much debated issue for over 20 years. In England and Wales the Supreme Court has been been filmed since its creation in 2009, whilst the Court of Appeal finally let the television cameras in on the 31st October 2013. So why should England and Wales take notice of the media’s handling of the Oscar Pistorius trial? Have we not now accepted cameras in our courts? Read the rest of this entry »





Case Law: NAB v Serco Limited, Court grants access to sexual assault report

24 04 2014

Yarls WoodThe strong presumption in favour of public access to documents referred to in Court proceedings was emphasised by the High Court in the case of NAB v Serco ([2014] EWHC 1225 (QB)).  Bean J dismissed an application by Serco Limited to restrict access by the Guardian to an internal report into sexual assaults at Yarls Wood Immigration Removal Centre which had been mentioned in court proceedings. Read the rest of this entry »





Broadcasting the Oscar Pistorius criminal trial – Dario Milo

4 04 2014

Oscar Pistorius trialIn the past weeks, hundreds of thousands of people around the world have been able to hear and see on television, radio and the Internet the evidence being led in the criminal trial of Oscar Pistorius. Pistorius stands accused of murdering his girlfriend, Reeva Steenkamp, on Valentine’s morning last year. Read the rest of this entry »








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