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Call to scrap secret court cases Call to scrap secret court cases
(about 5 hours later)
The increasing use of secret evidence is weakening the credibility of British courts, says a human rights group.The increasing use of secret evidence is weakening the credibility of British courts, says a human rights group.
Legal campaigners Justice says more cases are now being heard involving evidence withheld from defendants.Legal campaigners Justice says more cases are now being heard involving evidence withheld from defendants.
The critical report comes ahead of a major Law Lords judgement on secret material against terrorism suspects.The critical report comes ahead of a major Law Lords judgement on secret material against terrorism suspects.
The Lords have been asked to rule whether people whose movements are restricted by a control order must hear more of the case against them.The Lords have been asked to rule whether people whose movements are restricted by a control order must hear more of the case against them.
EXAMPLES OF SECRET EVIDENCE Counter-terrorism proceedingsImmigration casesControl order casesParole BoardASBO hearingsAsset freezing applicationsGagging order applicationsClosed criminal trials Source: Justice
The major report from Justice, a legal group supported by many of the UK's most eminent lawyers, says since 1997 Parliament has legislated 14 times to allow the increased use of anonymised evidence and closed hearings.The major report from Justice, a legal group supported by many of the UK's most eminent lawyers, says since 1997 Parliament has legislated 14 times to allow the increased use of anonymised evidence and closed hearings.
Some of the measures are specific to England and Wales but other elements cover all of the UK.Some of the measures are specific to England and Wales but other elements cover all of the UK.
EXAMPLES OF SECRET EVIDENCE Counter-terrorism proceedingsImmigration casesControl order casesParole BoardASBO hearingsAsset freezing applicationsGagging order applicationsClosed criminal trials Source: Justice
The report says there has been a long legal tradition in the UK of ensuring that a person who is accused of an offence has the right to know and challenge the evidence against them.The report says there has been a long legal tradition in the UK of ensuring that a person who is accused of an offence has the right to know and challenge the evidence against them.
But Justice says the UK has now become a "pioneer" of secret evidence which is undermining British traditions of open justice.But Justice says the UK has now become a "pioneer" of secret evidence which is undermining British traditions of open justice.
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The report criticises control order cases, special measures used to restrict the liberty of terrorism suspects who are not charged with an offence.The report criticises control order cases, special measures used to restrict the liberty of terrorism suspects who are not charged with an offence.
It says that in some cases the suspects have had their liberty curtailed while being "unaware" of even a singled detailed allegation.It says that in some cases the suspects have had their liberty curtailed while being "unaware" of even a singled detailed allegation.
The cases coming before the Law Lords on Wednesday focus on this point, with the men involved complaining they cannot successfully challenge the Home Office-imposed orders because they don't know what they are accused of.The cases coming before the Law Lords on Wednesday focus on this point, with the men involved complaining they cannot successfully challenge the Home Office-imposed orders because they don't know what they are accused of.
'Learn lessons'
But the report questions similar use of secret evidence in some immigration hearings where people who are accused of being a threat to national security.But the report questions similar use of secret evidence in some immigration hearings where people who are accused of being a threat to national security.
"This report calls for an end to the use of secret evidence," says Justice."This report calls for an end to the use of secret evidence," says Justice.
WHAT ARE CONTROL ORDERS? Restrict movements of terror suspectsIncludes tagging and curfewsBans on who they can meet and talk toEvidence mostly secret17 in force as of March 2009
"Secret evidence is unreliable, unfair, undemocratic, unnecessary and damaging to both national security and the integrity of Britain's courts.""Secret evidence is unreliable, unfair, undemocratic, unnecessary and damaging to both national security and the integrity of Britain's courts."
It goes on to warn the government must remember the lessons learned from the Star Chamber, an infamous secret court used for political ends by English monarchs until the civil war.It goes on to warn the government must remember the lessons learned from the Star Chamber, an infamous secret court used for political ends by English monarchs until the civil war.
WHAT ARE CONTROL ORDERS? Restrict movements of terror suspectsIncludes tagging and curfewsBans on who they can meet and talk toEvidence mostly secret17 in force as of March 2009
"The semblance of justice is not justice, however senior the judges involved," says the report."The semblance of justice is not justice, however senior the judges involved," says the report.
"After all, the fact that some of the most eminent jurists in English legal history were members did not make the proceedings of Star Chamber any less notorious."After all, the fact that some of the most eminent jurists in English legal history were members did not make the proceedings of Star Chamber any less notorious.
"This is no dry lesson in constitutional history, however. Secret evidence undermines the tradition of open justice this country is famous for. It weakens the credibility of British courts as places where justice is done.""This is no dry lesson in constitutional history, however. Secret evidence undermines the tradition of open justice this country is famous for. It weakens the credibility of British courts as places where justice is done."
Ministers argue the rules around secret evidence are carefully drawn to protect national security while ensuring suspects get a fair trial.Ministers argue the rules around secret evidence are carefully drawn to protect national security while ensuring suspects get a fair trial.
The UK's system of "special advocates", lawyers who challenge secret evidence, without ever disclosing it to their client, was first introduced in an attempt to improve fairness in immigration cases where evidence was previously kept from the defendant.The UK's system of "special advocates", lawyers who challenge secret evidence, without ever disclosing it to their client, was first introduced in an attempt to improve fairness in immigration cases where evidence was previously kept from the defendant.
It says changes over the last 10 years mean that secret evidence can now be used in a far wider range of cases including parole hearings, asset-freezing, employment tribunals, planning tribunals and even Anti-Social Behaviour Orders applications.It says changes over the last 10 years mean that secret evidence can now be used in a far wider range of cases including parole hearings, asset-freezing, employment tribunals, planning tribunals and even Anti-Social Behaviour Orders applications.