Anonymity (MPS Applications III), Restriction Order Approach
This was the third such hearing in the Undercover Policing Inquiry (UCPI), addressing specific anonymity applications being made by former Special Demonstration Squad (SDS) officers.
The non-state core participants (NSCPs) challenged the process, saying they were not being given sufficient relevant facts and material to make proper representation on the individual applications. Phillippa Kaufmann KC, speaking on their behalf, also raised challenges to the Inquiry and Metropolitan Police’s approaches to the restriction order process, particularly the risk assessments.
There then followed specific argument on the anonymity applications for six SDS officers:
The second part of the hearing addressed a proposal by the Inquiry to change the anonymity application process, with a focus on how real names were handled as opposed to cover names. This in turn would affect the documents being made public in support of the applications.
A consultation document had been released by the Inquiry, with various core participants making submissions in favour or against it, and making further representations at the hearing.
The state core participants were broadly in agreement with the proposed changes while the NSCPs were concerned there would be much less disclosure as a result, which would impede their ability to make submissions.
Several weeks later, the Inquiry Chair, Sir John Mitting, published a statement effectively adopting the changes proposed in the consultation, and rejecting proposals put forth on behalf of Peter Francis and the NSCPs for more material to be released.
The hearing was also notable for an exchange with Ms Kaufmann for the Non-State Core Participants in which the Chair, Sir John Mitting, stated that men who were married their entire life were less likely to have engaged in extramarital sexual relations, a view he accepted might be old-fashioned.
Speakers
| Counsel / Individual | Clients |
|---|---|
| David Barr KC | UCPI |
| Phillippa Kaufmann KC | Non-State Core Participants |
| Maya Sikand | Peter Francis |
| Amy Mannion | Metropolitan Police |
| Oliver Sanders KC | Designated Lawyers Officers |
| Helen Steel | NSCP (Litigant-in-Person) |
| Ben Brandon | Slater & Gordon / HN58 |
| Other counsel present | Clients |
|---|---|
| Kate Wilkinson | UCPI |
| Ruth Brander | Non-State Core Participants |
| Reka Hollos | Metropolitan Police |
| Rosemary Davidson | Home Office |
| Cecily White | National Police Chiefs’ Council |
| Claire Palmer | Designated Lawyers Officers |
| Robert McAllister | Designated Lawyers Officers |
| Donal O’Driscoll | Litigant-in-Person |