WV, R (on the application of) v Crown Prosecution Service

WV, R (on the application of) v Crown Prosecution Service

The CPS's decision to disclose WV's identity without judicial determination was unlawful because the information was provided in confidence, there was a real risk to life, and the proper procedure requires judicial oversight to balance the competing interests. Disclosure of an informant's identity against their objection is an exceptional case that must be decided by a judge, not the prosecutor.

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; CPS decision quashed
Legal Topics
Disclosure of Informant Identity, Public Interest Immunity, Article 2 ECHR, Confidentiality, Judicial Review of Prosecutorial Decisions
Criminal Law Administrative 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 could disclose the identity of an informant (WV) without judicial determination and against his objection
  2. 2 Whether the CPS's decision to disclose was lawful given the implied confidentiality and risk to life
  3. 3 What is the proper procedure for disclosure of informant identity in criminal proceedings

Ratio Decidendi

The CPS's decision to disclose WV's identity without judicial determination was unlawful because the information was provided in confidence, there was a real risk to life, and the proper procedure requires judicial oversight to balance the competing interests. Disclosure of an informant's identity against their objection is an exceptional case that must be decided by a judge, not the prosecutor.

Court Disposition

Application allowed; CPS decision quashed

Orders

  • The original decision of the CPS to disclose WV's identity is quashed.
  • WV is given permission to apply to the court if disclosure is sought in the future.