McHugh, R v

McHugh, R v

The prosecution is under a statutory duty to consider disclosure of a co-accused’s defence statement if it contains material that may assist another defendant or undermine the prosecution case against them. The judge has no power to direct the prosecution not to discharge this statutory duty. The grounds of appeal were unarguable and permission was refused.

Parties
Respondent: R; Appellant: David McHugh
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Ruling
Outcome
Application for leave to appeal refused
Legal Topics
Disclosure, Duty of Prosecution, Defence Statements, Preparatory Hearings
Criminal Law Criminal Procedure Disclosure Duty of Prosecution Defence Statements Preparatory Hearings

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Parties

R

Respondent

David McHugh

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Ruling

Legal Issues

  1. 1 Whether the prosecution is under a duty to consider disclosure of a co-accused’s defence statement to other defendants
  2. 2 Whether the judge has power to direct or prevent the prosecution from discharging its statutory duty of disclosure

Ratio Decidendi

The prosecution is under a statutory duty to consider disclosure of a co-accused’s defence statement if it contains material that may assist another defendant or undermine the prosecution case against them. The judge has no power to direct the prosecution not to discharge this statutory duty. The grounds of appeal were unarguable and permission was refused.

Court Disposition

Application for leave to appeal refused