The Court of Appeal considered the use of reporting restrictions in a criminal trial in the context of an appeal by the BBC against a postponement order imposed pursuant to the Contempt of Court Act 1981 s.4(2).
Extradition was a proportionate interference with the private life of an individual convicted of serious offences of domestic violence despite an unexplained delay of more than eight years in reissuing a European arrest warrant. A district judge had been wrong to discharge him.
There was nothing to prevent the making of an order for forfeiture of goods under the Trade Marks Act 1994 s.97(3) even where there had been no criminal conviction, as long as the court was satisfied on the balance of probabilities that a relevant offence had been committed.
The court stayed an appeal against an individual’s extradition to Lithuania to face a criminal trial. There was an international consensus that conditions in Lithuanian remand prisons were such that there was real risk of prisoners’ ECHR art.3 rights being violated, and the Lithuanian authorities were given the opportunity to provide a satisfactory assurance that the requested individual would not be remanded in custody pending trial in conditions that violated art.3.
The Investigatory Powers Act 2016 Pt 4 was incompatible with fundamental rights in EU law, in that in the area of criminal justice, access to retained data was not limited to the purpose of combating “serious crime”, and access to retained data was not subject to prior review by a court or an independent administrative body. The court decided against making an order of disapplication. The Act had to be amended by 1 November 2018.