Interlocutory Application , Re

Interlocutory Application , Re

The Court held that the judge was correct to refuse an inter partes, open court PII hearing as sought by C, as English law and procedure, including ex parte hearings, are compatible with Article 6 ECHR except in rare, exceptional cases where a determinative ruling is made based on undisclosed material. The judge's request for appointment of special independent counsel was premature, as he had not yet considered the material or prosecution submissions. Appointment of special independent counsel is only necessary in rare cases where fairness cannot otherwise be ensured. The Crown's appeal was allowed; C's appeal was dismissed.

Parties
Appellant: H; Appellant: C; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
16 October 2003
Procedural Posture
Criminal Interlocutory Appeal / Court of Appeal Judgment on Interlocutory Appeals Under Sections 35 & 36 of the Criminal Procedure and Investigations Act 1996
Outcome
C's appeal dismissed; Crown's appeal allowed
Legal Topics
Public Interest Immunity, Disclosure, Article 6 ECHR, Appointment of Special Counsel, Entrapment, Fair Trial
Criminal Law Human Rights Law Procedure Public Interest Immunity Disclosure Article 6 ECHR Appointment of Special Counsel Entrapment +1 more

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Parties

H

Appellant

C

Appellant

Crown

Respondent

Procedural Posture

Criminal Interlocutory Appeal / Court of Appeal Judgment on Interlocutory Appeals Under Sections 35 & 36 of the Criminal Procedure and Investigations Act 1996

Legal Issues

  1. 1 Whether PII hearings must be held inter partes and in open court in light of Edwards & Lewis v UK
  2. 2 Whether appointment of special independent counsel is required to ensure fairness under Article 6 ECHR
  3. 3 Compatibility of English domestic law and procedure with Article 6 ECHR in PII applications

Ratio Decidendi

The Court held that the judge was correct to refuse an inter partes, open court PII hearing as sought by C, as English law and procedure, including ex parte hearings, are compatible with Article 6 ECHR except in rare, exceptional cases where a determinative ruling is made based on undisclosed material. The judge's request for appointment of special independent counsel was premature, as he had not yet considered the material or prosecution submissions. Appointment of special independent counsel is only necessary in rare cases where fairness cannot otherwise be ensured. The Crown's appeal was allowed; C's appeal was dismissed.

Court Disposition

C's appeal dismissed; Crown's appeal allowed

Orders

  • The case will continue before the judge in accordance with this judgment.
  • Leave to appeal to the House of Lords granted to both defendants in relation to the judge's second ruling.