Explaining the UK’s ‘secret justice’ bill

Kenneth Clarke and the Lord Chief Justice. Photo Ministry of Justice UK

By Nigel Inkster, Director of Transnational Threats and Political Risk

The United Kingdom justice and security bill published yesterday has been widely criticised by lawyers and civil-rights campaigners for allowing courts to hear evidence in closed sessions in cases of national security. They argue that this erodes a long-established right to open justice. Even UK Justice Secretary Kenneth Clarke (above, left) has acknowledged that the bill is ‘less than perfect‘. However, since a Green Paper was introduced last year for discussion, the bill has undergone substantial modifications to try to assuage some of its critics.

The final bill only applies to civil cases involving national security, instead of all cases dealing with sensitive information. Judges, rather than ministers, will determine whether the national-security argument is valid, and whether the use of ‘Closed Material Proceedings’ (CMP) offers the best option for balancing national security and justice. Coroners’ inquests dealing with classified material will never be held in camera.

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