Those facing trial have not been identified except by the initials AB and CD. Photograph: Stephen Hird/Reuters
An attempt by the Crown Prosecution Service to hold a terrorism trial entirely in secret has been overturned by the court of appeal.
The request, unprecedented in recent criminal justice history, would have prevented anyone knowing even the identity of the two accused, known only as AB and CD.
They can now be named as Erol Incedal, who was AB, and Mounir Rarmoul-Bohadjar, who was CD.
The decision by three court of appeal judges, Lord Justice Gross, Mr Justice Simon and Mr Justice Burnett, will now mean that the opening and closing sections of the trial will be held in public. Gross said the court was not convinced of the need for the defendants to be anonymised and for their trial to be held entirely in secret.
The application to hold the whole of the trial behind closed doors was opposed by lawyers for the Guardian and other media.
In their decision, the judges said the "core" part of the trial must take place in secret.
But, they accepted, the opening section of the trial including the reading of the charges and the opening of the prosecution could be heard in public. The judges also ruled that the defendants should be named.
Gross said: "We are not persuaded that there would be a risk to the administration of justice" if some of the opening of the trial were heard in open court.
The swearing in of the jury, reading the charges, part of the judge's introductory remarks and part of the prosecution opening remarks would be reportable.
The verdicts at the end of the trial can be reported as well as, probably, any convictions and sentencing – although the latter could be subject to further legal argument.
Gross added: "We express grave concern as to the cumulative effects of holding a trial in camera and anonymising the defendants. We find it difficult to conceive of a situation where both departures from open justice will be justified … We are not persuaded of any such justification in the present case."
The request, unprecedented in recent criminal justice history, would have prevented anyone knowing even the identity of the two accused, known only as AB and CD.
They can now be named as Erol Incedal, who was AB, and Mounir Rarmoul-Bohadjar, who was CD.
The decision by three court of appeal judges, Lord Justice Gross, Mr Justice Simon and Mr Justice Burnett, will now mean that the opening and closing sections of the trial will be held in public. Gross said the court was not convinced of the need for the defendants to be anonymised and for their trial to be held entirely in secret.
The application to hold the whole of the trial behind closed doors was opposed by lawyers for the Guardian and other media.
In their decision, the judges said the "core" part of the trial must take place in secret.
But, they accepted, the opening section of the trial including the reading of the charges and the opening of the prosecution could be heard in public. The judges also ruled that the defendants should be named.
Gross said: "We are not persuaded that there would be a risk to the administration of justice" if some of the opening of the trial were heard in open court.
The swearing in of the jury, reading the charges, part of the judge's introductory remarks and part of the prosecution opening remarks would be reportable.
The verdicts at the end of the trial can be reported as well as, probably, any convictions and sentencing – although the latter could be subject to further legal argument.
Gross added: "We express grave concern as to the cumulative effects of holding a trial in camera and anonymising the defendants. We find it difficult to conceive of a situation where both departures from open justice will be justified … We are not persuaded of any such justification in the present case."
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