D v R.

D v R.

The court determined that the procedural steps taken ensured proper notice and opportunity for representation for the complainant and third party, resulting in voluntary disclosure of relevant material. No further order was necessary as the issue of disclosure was resolved without infringing Article 8 rights or requiring a contentious hearing.

Parties
Appellant: D; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
15 April 2011
Procedural Posture
Criminal Appeal / Application for Directions Regarding Third Party Disclosure Post Conviction
Outcome
application dismissed (no order made)
Legal Topics
Third Party Disclosure, Article 8 ECHR, Procedural Fairness, Confidentiality, Rape, Credibility of Witnesses
Criminal Law Evidence Human Rights Third Party Disclosure Article 8 ECHR Procedural Fairness Confidentiality Rape +1 more

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Parties

D

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Directions Regarding Third Party Disclosure Post Conviction

Legal Issues

  1. 1 Whether the Crown and defence took reasonable steps to obtain potentially relevant third party material
  2. 2 Approach to applications for third party disclosure post-conviction
  3. 3 Balancing defendant's rights and complainant's Article 8 rights

Ratio Decidendi

The court determined that the procedural steps taken ensured proper notice and opportunity for representation for the complainant and third party, resulting in voluntary disclosure of relevant material. No further order was necessary as the issue of disclosure was resolved without infringing Article 8 rights or requiring a contentious hearing.

Court Disposition

application dismissed (no order made)