WV, R (on the application of) v Crown Prosecution Service [2011] EWHC 2480 (Admin) (01 September 2011)

WV, R (on the application of) v Crown Prosecution Service [2011] EWHC 2480 (Admin) (01 September 2011)

The CPS's decision to disclose WV's identity without judicial determination was unlawful because the information was provided in confidence, WV's Article 2 rights were engaged, and the balancing of interests required independent judicial scrutiny rather than prosecutorial discretion.

Citation
[2011] EWHC 2480 (Admin)
Parties
Claimant: WV; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
01 September 2011
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application allowed; decision of CPS quashed.
Legal Topics
Disclosure of Informant Identity, Public Interest Immunity, Article 2 ECHR, Confidentiality, Judicial Review of Prosecutorial Decisions
Criminal Law Public Law Human Rights Disclosure of Informant Identity Public Interest Immunity Article 2 ECHR Confidentiality Judicial Review of Prosecutorial Decisions

Case Brief

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Parties

WV

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the CPS can disclose the identity of an informant (WV) to the defence without judicial determination of public interest immunity
  2. 2 Whether the CPS's decision to disclose WV's identity was lawful given the implied undertaking of confidentiality and Article 2 ECHR obligations

Ratio Decidendi

The CPS's decision to disclose WV's identity without judicial determination was unlawful because the information was provided in confidence, WV's Article 2 rights were engaged, and the balancing of interests required independent judicial scrutiny rather than prosecutorial discretion.

Court Disposition

Application allowed; decision of CPS quashed.

Orders

  • The original decision of the CPS to disclose WV's identity is quashed.
  • WV is granted permission to apply to the court if a future decision to disclose his identity is made.