McHugh, R v [2003] EWCA Crim 1766 (20 June 2003)

McHugh, R v [2003] EWCA Crim 1766 (20 June 2003)

The prosecution is obliged to consider whether defence statements in its possession contain material that must be disclosed to co-accused under statutory and human rights obligations; the judge has no power to prevent the prosecution from fulfilling this duty.

Citation
[2003] EWCA Crim 1766
Parties
Respondent: R; Appellant: David McHugh
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Criminal Appeal (interlocutory Application) / Application for Leave to Appeal Against a Pre Trial Ruling
Outcome
Application for leave to appeal refused
Legal Topics
Disclosure Obligations, Defence Statements, Prosecution Duties, Article 6 ECHR, Preparatory Hearings
Criminal Law Criminal Procedure Disclosure Obligations Defence Statements Prosecution Duties Article 6 ECHR Preparatory Hearings

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Parties

R

Respondent

David McHugh

Appellant

Procedural Posture

Criminal Appeal (interlocutory Application) / Application for Leave to Appeal Against a Pre Trial 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 trial judge has power to prevent the prosecution from discharging its statutory disclosure duty

Ratio Decidendi

The prosecution is obliged to consider whether defence statements in its possession contain material that must be disclosed to co-accused under statutory and human rights obligations; the judge has no power to prevent the prosecution from fulfilling this duty.

Court Disposition

Application for leave to appeal refused