Interlocutory Application , Re [2003] EWCA Crim 2847 (16 October 2003)

Interlocutory Application , Re [2003] EWCA Crim 2847 (16 October 2003)

PII hearings need not be conducted inter partes and in open court; appointment of special independent counsel is only required in rare and exceptional cases where judge learns highly prejudicial material unknown to defence and is called to make determinative factual rulings. Existing English law and procedure,...

Source-derived case information.

Citation
[2003] EWCA Crim 2847
Parties
Appellant: H; Appellant: C; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
16 October 2003
Procedural Posture
Interlocutory Appeal (criminal) / Court of Appeal, Courts Martial Appeal Court, Interlocutory Judgment
Outcome
C's appeal dismissed; Crown's appeal allowed; leave to appeal granted to both defendants on judge's second ruling; reporting of judgment permitted subject to anonymity.
Legal Topics
Public Interest Immunity, Disclosure, Fair Trial, Appointment of Special Counsel, Article 6 ECHR, Surveillance Authorisation, Entrapment
Criminal Law Human Rights Law Procedural Law Public Interest Immunity Disclosure Fair Trial Appointment of Special Counsel Article 6 ECHR +2 more

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Summary, issues, holding and outcome

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Parties

H

Appellant

C

Appellant

Crown

Respondent

Procedural Posture

Interlocutory Appeal (criminal) / Court of Appeal, Courts Martial Appeal Court, Interlocutory Judgment

Legal Issues

  1. 1 Whether PII hearings must be conducted inter partes and in open court to comply with Article 6 ECHR
  2. 2 Whether appointment of special independent counsel is required for adversarial element in PII hearings
  3. 3 Compatibility of English domestic law and procedure with Edwards & Lewis v United Kingdom

Ratio Decidendi

PII hearings need not be conducted inter partes and in open court; appointment of special independent counsel is only required in rare and exceptional cases where judge learns highly prejudicial material unknown to defence and is called to make determinative factual rulings. Existing English law and procedure, including prosecutorial and judicial safeguards, generally comply with Article 6 ECHR. The judge's request for appointment of independent counsel was premature; Crown's appeal allowed, C's appeal dismissed.

Court Disposition

C's appeal dismissed; Crown's appeal allowed; leave to appeal granted to both defendants on judge's second ruling; reporting of judgment permitted subject to anonymity.

Orders

  • C's appeal dismissed
  • Crown's appeal allowed