Keogh v R.

Keogh v R.

Sections 2(3) and 3(4) of the Official Secrets Act 1989, if interpreted to impose a legal burden on the defendant to disprove knowledge or reasonable cause to believe in the damaging nature of disclosure, are incompatible with Article 6 of the European Convention on Human Rights. The Act can operate effectively without the reverse burden, and the provisions should be 'read down' to impose only an evidential burden, requiring the prosecution to prove the mental element beyond reasonable doubt.

Parties
Appellant: Keogh; Respondent: R
Jurisdiction
England and Wales
Judgment Date
07 March 2007
Procedural Posture
Criminal Appeal / Appeal From Preliminary Ruling on Legal Issue
Outcome
Appeal allowed
Legal Topics
Burden of Proof, Official Secrets Act, Presumption of Innocence, Article 6 ECHR, Reverse Burden, Statutory Interpretation
Criminal Law Constitutional Law Human Rights Burden of Proof Official Secrets Act Presumption of Innocence Article 6 ECHR Reverse Burden +1 more

Case Brief

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Parties

Keogh

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal From Preliminary Ruling on Legal Issue

Legal Issues

  1. 1 Whether the reverse burden of proof in sections 2 and 3 of the Official Secrets Act 1989 is compatible with Article 6 of the European Convention on Human Rights
  2. 2 Whether the statutory provisions should be 'read down' to impose only an evidential burden on the defendant

Ratio Decidendi

Sections 2(3) and 3(4) of the Official Secrets Act 1989, if interpreted to impose a legal burden on the defendant to disprove knowledge or reasonable cause to believe in the damaging nature of disclosure, are incompatible with Article 6 of the European Convention on Human Rights. The Act can operate effectively without the reverse burden, and the provisions should be 'read down' to impose only an evidential burden, requiring the prosecution to prove the mental element beyond reasonable doubt.

Court Disposition

Appeal allowed

Orders

  • Sections 2(3) and 3(4) of the Official Secrets Act 1989 to be read down to impose only an evidential burden on the defendant, consistent with Article 6 ECHR.