Shayler, R v

Shayler, R v

The trial judge's rulings restricting aspects of the trial, including witness anonymity and advance notice of security-related matters, were individually and cumulatively justified by national security concerns, imposed only necessary restrictions, and did not breach Article 6 or adversarial principles. The applicant was not unfairly discriminated against for self-representation, and no unfairness resulted from the cumulative effect of the rulings.

Parties
Prosecution: R; Applicant: David Michael Shayler
Jurisdiction
England and Wales
Judgment Date
29 July 2003
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application dismissed
Legal Topics
Official Secrets Act, Fair Trial, Self Representation, Public Interest Defence, Open Justice, Cross Examination, Anonymity of Witnesses
Criminal Law Human Rights Law Official Secrets Act Fair Trial Self Representation Public Interest Defence Open Justice Cross Examination +1 more

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Parties

R

Prosecution

David Michael Shayler

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether cumulative restrictions imposed on the defendant breached Article 6 of the European Convention on Human Rights
  2. 2 Whether the trial was conducted in breach of adversarial criminal trial principles
  3. 3 Whether the defendant was unfairly discriminated against for self-representation

Ratio Decidendi

The trial judge's rulings restricting aspects of the trial, including witness anonymity and advance notice of security-related matters, were individually and cumulatively justified by national security concerns, imposed only necessary restrictions, and did not breach Article 6 or adversarial principles. The applicant was not unfairly discriminated against for self-representation, and no unfairness resulted from the cumulative effect of the rulings.

Court Disposition

application dismissed

Orders

  • renewed application for leave to appeal is dismissed