Re P (Children) (Disclosure)

Re P (Children) (Disclosure)

The court held that it is not appropriate to grant a pre-emptive blanket order prohibiting disclosure of self-incriminating statements made in private law family proceedings to the police or CPS. The privilege against self-incrimination does not extend to such immunity, Article 6 ECHR does not require it, and the...

Source-derived case information.

Parties
Appellant: Father; Respondent: Mother; Intervenor: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
12 April 2022
Procedural Posture
Appeal Private Law Family Proceedings / Appeal From High Court Decision Refusing Pre Emptive Non Disclosure Order
Outcome
Appeal dismissed
Legal Topics
Privilege Against Self Incrimination, Disclosure of Evidence, Article 6 ECHR Right to Fair Trial, Children Act 1989, Admissibility of Evidence
Family Law Criminal Law Human Rights Privilege Against Self Incrimination Disclosure of Evidence Article 6 ECHR Right to Fair Trial Children Act 1989 Admissibility of Evidence

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Parties

Father

Appellant

Mother

Respondent

Director of Public Prosecutions

Intervenor

Procedural Posture

Appeal Private Law Family Proceedings / Appeal From High Court Decision Refusing Pre Emptive Non Disclosure Order

Legal Issues

  1. 1 Whether a party in private law family proceedings can obtain a pre-emptive order prohibiting disclosure of self-incriminating statements to the police or CPS
  2. 2 Whether Article 6 ECHR requires such protection for fairness in family proceedings
  3. 3 Whether the absence of section 98 Children Act 1989 protection in private law proceedings is compatible with Article 6 ECHR

Ratio Decidendi

The court held that it is not appropriate to grant a pre-emptive blanket order prohibiting disclosure of self-incriminating statements made in private law family proceedings to the police or CPS. The privilege against self-incrimination does not extend to such immunity, Article 6 ECHR does not require it, and the established balancing approach to disclosure provides sufficient protection. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No pre-emptive blanket order for non-disclosure to police or CPS granted