public justice

Justice must be administered in courts in public save in such special and limited cases as may be prescribed by law: 1937 Constitution, art 34.1. The law prescribes that the general public may be excluded if a criminal offence is of an indecent or obscene nature: Criminal Justice Act 1951; or in cases involving matrimonial matters or lunacy or infancy matters; or urgent applications for habeas corpus, bail, injunctions; or involving the disclosure of a secret manufacturing process: Courts (Supplemental Provisions) Act 1961, s 45(1).

Provision is made for the ANONYMITY (qv) of a child in any proceedings for an offence against a child or where a child is a witness in any such proceedings: Children Act 2001, s 252. In addition, in certain cases the press may report a case but have limitations placed on disclosure of the identity of the parties e.g. the identity of the complainant, and of the accused until convicted, is prohibited in rape cases: Criminal Law (Rape) Act 1980, ss 7-8; the identity of the accused and of the person against whom the offence of incest is alleged to have been committed: Criminal Law (Incest Proceedings) Act 1995, s 3. See Beamish & Crawford Ltd v Crowley [1969] IR 142; Irish Times Ltd v Ireland [1998 SC] 1 IR 359; de Gartori v Smithwick [2000 SC] 1 ILRM 463. See DCR 1997, O.14.

Provision has been made for the exclusion of members of the public from cases concerning HUMAN TRAFFICKING (qv) and CHILD TRAFFICKING (qv): Criminal Law (Human Trafficking) Act 2008, s 10.

The President of the High Court has said that judges who privately read papers relating to public hearings of court cases were not strictly administering justice in public: Irish Times 17 September 2002. He said that affidavits read in such a way and not read in open court, may in such circumstances be made available to the press. In a particular case, the allegations sought to be pleaded in a proposed amended defence, were read in private as they were of a serious nature: Walsh v Harrison [2003 HC] 2 ILRM 161.

The High Court declined to allow the plaintiffs bring proceedings under an assumed name on the grounds that the obligation that justice, save in special and limited circumstances, be administered in public included an obligation that all parts of the court process be available to the public which meant that the identity of the parties to the proceedings must prima facie be made public: Doe v Revenue Commissioners [2008] IEHC 5; [2008 HC] 3 IR 328; [2008 HC] 2 ILRM 114; [2008 HC] ILTR (11 Feb 2008).

In Zalewski v An Adjudication Officer[2021] IESC 24 the Supreme Court found that the Workplace Relations Commission (qv) does engage in the administration of justice, however that was found to be permissible under Art 37 of the 1937 Constitution. The Supreme Court also found that some aspects of the procedures being adhered to by the WRC were not constitutionally sound.

In relation to TRIBUNALS (qv) and the administration of justice, see TRIBUNALS OF INQUIRY AND ADMINISTRATION OF JUSTICE. See ANONYMITY EUROPEAN CONVENTION ON HUMAN RIGHTS; IN CAMERA; MCKENZIE FRIEND.