Outcry at plan by law reform chiefs to hold rape trials in ‘secret’ with the public and press banned from court

• Law Commission proposing entitlement for rape victims to exclude public
• Described as ‘an affront to justice’, could see courts routinely closed to public 

Evidence in rape trials could be heard with the public and most of the Press banned from court.

The Law Commission, which recommends reforms to parliament, is proposing an ‘automatic entitlement’ for rape victims to exclude the public and restrict access to just one journalist when giving evidence.

The move, which has been described as ‘an affront to open justice’, could see the courts routinely closed to the public.

The commission is also considering more draconian measures as part of a consultation including holding rape trials entirely in secret.

It says: ‘Excluding the public from the whole trial may encourage a witness to attend court who would otherwise be unwilling and may create greater general confidence in the process.’

Sexual offence victims, who are given lifelong anonymity, are already able to give evidence on videolink, via pre-recorded interviews or behind screens (file image)

Media groups and policing leaders warn this could lead to ‘secret justice for rapists’.

Donna Jones, chairman of the Association of Police and Crime Commissioners, said: ‘This is outrageous. When judges are attempting to open up the judicial process to improve confidence, this is a massive retrograde step which is not in the interests of victims, the only people who benefit here are perpetrators.

‘It makes no sense to restrict the media from covering sexual offences cases which we know encourages victims to come forward.’

There is already a provision under the Youth Justice and Criminal Evidence Act 1999 for the public to be excluded but it is rarely used.

The commission wants victims to have an ‘automatic entitlement’ without having to present a lengthy argument to a judge, saying it ‘could increase consistency, certainty and complainants’ confidence in the criminal justice system.’

Sexual offence victims, who are given lifelong anonymity, are already able to give evidence on videolink, via pre-recorded interviews or behind screens.

Rebecca Camber, chairman of the Crime Reporters Association, said: ‘This raises the chilling prospect of secret justice for rapists and other sexual offenders.

‘It is submitted that this will increase victim confidence. But in reality, excluding members of the Press runs the risk of having the very opposite effect as the inevitable result is many of these cases would go unreported, thereby damaging public confidence, discouraging other victims from coming forward and emboldening perpetrators.’

Media groups and policing leaders warn this could lead to ‘secret justice for rapists’ (file image)

Ms Camber, who is the Mail’s Crime and Security Editor added: ‘This proposal is an affront to the principle of open justice, which is one of the fundamental cornerstones of our democracy.’

Dawn Alford, executive director of the Society of Editors, said the commission’s proposal was ‘unworkable in practice’, contrary to the principle of open justice and would have a ‘devastating effect’ on future media coverage of sexual assault trials.

A commission spokesman said: ‘We appreciate the critical role the media play in reporting on sexual offences trials and making sure justice is done and seen to be done. Complainants can already request to give evidence in private.

‘We are consulting on making this easier for complainants and it will always be their choice whether to request. But this would continue to include an important exemption to allow the media to report the story. We welcome all views on our proposals.

‘Once we produce our final recommendations it will be for government to decide how to proceed.’

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