Crown Prosecution Service & Ors v Gohil

Crown Prosecution Service & Ors v Gohil

Section 9(2) of the Crime (International Co-operation) Act 2003 prohibits the use of evidence obtained pursuant to a request under section 7 for any purpose other than that specified in the request, unless the requested state consents. This prohibition applies to civil proceedings, including family proceedings. The previous decision in BOC Limited v Instrument Technology Limited was reached per incuriam and is not binding. Disclosure of such evidence to Mrs Gohil is precluded by statute.

Parties
First Appellant: Crown Prosecution Service; Second Appellant: Secretary of State for the Home Department; First Respondent: Varsha Bhadresh Gohil; Second Respondent: Bhadresh Babulal Gohil
Jurisdiction
England and Wales
Judgment Date
26 November 2012
Procedural Posture
Appeal / Judgment on Appeal From High Court, Family Division
Outcome
Appeal allowed
Legal Topics
Mutual Legal Assistance, Disclosure of Evidence, Statutory Interpretation, International Treaties, Use of Evidence in Civil Proceedings
Criminal Law Family Law International Law Mutual Legal Assistance Disclosure of Evidence Statutory Interpretation International Treaties Use of Evidence in Civil Proceedings

Case Brief

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Parties

Crown Prosecution Service

First Appellant

Secretary of State for the Home Department

Second Appellant

Varsha Bhadresh Gohil

First Respondent

Bhadresh Babulal Gohil

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court, Family Division

Legal Issues

  1. 1 Whether section 9(2) of the Crime (International Co-operation) Act 2003 prohibits use of evidence obtained under section 7 in family proceedings without consent of the requested state
  2. 2 Whether the decision in BOC Limited v Instrument Technology Limited is binding
  3. 3 Whether disclosure of such evidence can be ordered in family proceedings

Ratio Decidendi

Section 9(2) of the Crime (International Co-operation) Act 2003 prohibits the use of evidence obtained pursuant to a request under section 7 for any purpose other than that specified in the request, unless the requested state consents. This prohibition applies to civil proceedings, including family proceedings. The previous decision in BOC Limited v Instrument Technology Limited was reached per incuriam and is not binding. Disclosure of such evidence to Mrs Gohil is precluded by statute.

Court Disposition

Appeal allowed

Orders

  • Order of Moylan J for disclosure set aside
  • Disclosure of evidence obtained under section 7 of the 2003 Act to Mrs Gohil is prohibited without consent of the requested state