British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court
The production orders were quashed because there was no cogent evidence that the journalistic material sought was likely to be of substantial value to the police investigation, the judge failed to conduct a proper balancing exercise under Article 10 ECHR, and the applicants were denied a fair opportunity to contest the necessity and proportionality of the orders due to inadequate disclosure by the police.
- Parties
- Claimant: British Sky Broadcasting Ltd; Claimant: Independent Television News Ltd; Claimant: British Broadcasting Corporation; Claimant: Hardcash Productions Ltd; Claimant: Jason Neil Parkinson; Defendant: Chelmsford Crown Court; Interested Party: Essex Police
- Jurisdiction
- England and Wales
- Judgment Date
- 17 May 2012
- Procedural Posture
- Judicial Review / Judgment on Application to Quash Production Orders
- Outcome
- Production orders quashed
- Legal Topics
- Production Orders, Journalistic Material, Article 10 ECHR, Police and Criminal Evidence Act, Proportionality, Judicial Discretion
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
British Sky Broadcasting Ltd
Claimant
Independent Television News Ltd
Claimant
British Broadcasting Corporation
Claimant
Hardcash Productions Ltd
Claimant
Jason Neil Parkinson
Claimant
Chelmsford Crown Court
Defendant
Essex Police
Interested Party
Procedural Posture
Judicial Review / Judgment on Application to Quash Production Orders
Legal Issues
- 1 Whether the production orders against media organisations for journalistic material were lawful under Schedule 1 to PACE
- 2 Whether the orders constituted a disproportionate interference with Article 10 ECHR rights
- 3 Whether the applicants were denied a fair hearing
Ratio Decidendi
The production orders were quashed because there was no cogent evidence that the journalistic material sought was likely to be of substantial value to the police investigation, the judge failed to conduct a proper balancing exercise under Article 10 ECHR, and the applicants were denied a fair opportunity to contest the necessity and proportionality of the orders due to inadequate disclosure by the police.
Court Disposition
Production orders quashed
Orders
- The production orders made against the Claimants are quashed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment