The British Broadcasting Corporation (BBC), R (On the Application Of)

The British Broadcasting Corporation (BBC), R (On the Application Of)

The production order was unlawful because the evidence before the judge did not disclose reasonable grounds for believing that the journalist’s note was likely to be immediately admissible in evidence at trial, as required by PACE Schedule 1. It is not sufficient that the material might become admissible if certain events occur at trial; the statutory test requires immediate admissibility.

Parties
Claimant: The British Broadcasting Corporation; Defendant: Newcastle Crown Court; Interested Party: The Chief Constable of Northumbria Police
Jurisdiction
England and Wales
Judgment Date
22 October 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration granted; production order declared unlawful
Legal Topics
Production Orders, Journalistic Material, Police and Criminal Evidence Act 1984, Disclosure Obligations, Freedom of Expression, Admissibility of Evidence
Criminal Law Media Law Human Rights Production Orders Journalistic Material Police and Criminal Evidence Act 1984 Disclosure Obligations Freedom of Expression +1 more

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Parties

The British Broadcasting Corporation

Claimant

Newcastle Crown Court

Defendant

The Chief Constable of Northumbria Police

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a production order under section 9(1) and Schedule 1 of PACE for journalistic material was lawful
  2. 2 Whether the material sought was likely to be of substantial value to the investigation
  3. 3 Whether the material was likely to be relevant evidence (i.e., immediately admissible)

Ratio Decidendi

The production order was unlawful because the evidence before the judge did not disclose reasonable grounds for believing that the journalist’s note was likely to be immediately admissible in evidence at trial, as required by PACE Schedule 1. It is not sufficient that the material might become admissible if certain events occur at trial; the statutory test requires immediate admissibility.

Court Disposition

Declaration granted; production order declared unlawful

Orders

  • Declaration that the production order was unlawful because the access condition of likely immediate admissibility was not met