Jurisdiction(s):
United Kingdom

R v Sarker: Court of Appeal clarifies approach to reporting restriction applications under CCA 1981 s4(2) and reinforces open justice (England and Wales)

Published on: 16 July 2018

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Article summary

R v Sarker [2018] EWCA Crim 1341, All ER (D) 61 (Jun)

What is the background to this case?

This decision concerns reporting bans imposed during the trial of Sarker, a medic facing a single fraud charge. The allegation was that, when applying for a role with an NHS Trust—later accepted—he dishonestly overstated his experience. That count alone was pursued at Worcester Crown Court; other aspects of his background were kept from the jury. Those matters concerned later inquiries into substandard surgical practice after he joined the Trust. Because such material risked prejudicing the proceedings, it was excluded from the trial. During the hearing, defence counsel applied for an order preventing any press coverage until the jury returned its verdict. The rationale advanced was that publicity about his wider history could reach, and influence, jurors. The judge made the order and reaffirmed it a few...

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