Following my article ‘What price freedom of expression?’ which appeared on HTFP on Tuesday, a decision has today been handed down by the Court of Appeal regarding the proposed “secret trial”.

To recap, the media challenged earlier orders made by Mr Justice Nicol at the Old Bailey which completely prohibited reporting of any kind in relation to the trial of two defendants charged with terrorism offences and further, granted total anonymity to the defendants known only as AB and CD.

As a result of the challenge, the defendants, AB and CD, are no longer subject to anonymity orders and part of the trial will be held in public – although, the core of the trial will be kept private.

In practical terms, this means that elements of the trial including at least a part of the Prosecution opening, the verdicts and if convictions result, the sentencing of the defendants will be heard in open court

Lord Justice Gross said that he (and Mr Justice Simon and Mr Justice Burnett), was persuaded by the evidence presented that there was at least a serious possibility that the administration of justice would be frustrated by the trial being conducted entirely in open court.

But although the trial will proceed behind closed doors, Lord Justice Gross repeated that “no departure from the principle of open justice must be greater than necessary”.

All in all, a mixed outcome for the press.  On the one hand, this particular trial will only be reported in part.  On the other hand, the Court of Appeal has applied existing legal principles to the facts of this case, so it appears there has not be a fundamental change to the law.

And in case you are interested, the names of the defendants can be revealed as Erol Incedal (AB) and Mounir Rarmoul-Bohhadjar (CD).