Crown Prosecution Service v P [2007] EWHC 1144 (Admin) (27 April 2007)

Crown Prosecution Service v P [2007] EWHC 1144 (Admin) (27 April 2007)

Disclosure of draft judgments must be strictly limited to those directly involved in the case, and any wider dissemination, including within organisations such as the CPS or to external bodies, is not permitted unless necessary for taking instructions or with the court's permission.

Citation
[2007] EWHC 1144 (Admin)
Parties
Claimant: Crown Prosecution Service; Defendant: P
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Appeal / Judgment After Further Submissions on Confidentiality Breach
Outcome
No formal sanction imposed; apology accepted; guidance issued on confidentiality of draft judgments.
Legal Topics
Confidentiality of Draft Judgments, Practice Direction E to CPR Part 40, Disclosure Obligations, Youth Justice, Doli Incapax
Criminal Law Civil Procedure Confidentiality of Draft Judgments Practice Direction E to CPR Part 40 Disclosure Obligations Youth Justice Doli Incapax

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Parties

Crown Prosecution Service

Claimant

P

Defendant

Procedural Posture

Appeal / Judgment After Further Submissions on Confidentiality Breach

Legal Issues

  1. 1 Whether the dissemination of a draft judgment within the CPS and to external bodies breached confidentiality obligations under Practice Direction E to CPR Part 40
  2. 2 Proper scope of disclosure of draft judgments to legal representatives and others

Ratio Decidendi

Disclosure of draft judgments must be strictly limited to those directly involved in the case, and any wider dissemination, including within organisations such as the CPS or to external bodies, is not permitted unless necessary for taking instructions or with the court's permission.

Court Disposition

No formal sanction imposed; apology accepted; guidance issued on confidentiality of draft judgments.

Orders

  • All copies of the draft judgment, both hard and electronic, to be destroyed.
  • CPS to confer with the President of the Queen's Bench Division regarding a protocol on disclosure.