Sutherland & Ors, R. v [2002] EW Misc 1 (EWCC) (29 January 2002)

Sutherland & Ors, R. v [2002] EW Misc 1 (EWCC) (29 January 2002)

The police intentionally and without proper authority intercepted privileged solicitor-client conversations in exercise yards, failed to disclose material promptly, and did not take adequate steps to prevent or report such interceptions. These actions constituted a serious abuse of process, undermining the fairness of the proceedings.

Citation
[2002] EW Misc 1 (EWCC)
Parties
Prosecution: Regina; Defendant: R. Sutherland; Defendant: Self; Defendant: Gray; Defendant: Smith; Defendant: Toseland
Jurisdiction
England and Wales
Judgment Date
29 January 2002
Procedural Posture
Criminal / Application to Stay Indictment for Abuse of Process
Outcome
Indictment stayed as abuse of process
Legal Topics
Abuse of Process, Disclosure, Legal Professional Privilege, Covert Surveillance, Regulation of Investigatory Powers Act 2000, Police and Criminal Evidence Act 1984
Criminal Law Human Rights Law Evidence Law Abuse of Process Disclosure Legal Professional Privilege Covert Surveillance Regulation of Investigatory Powers Act 2000 +1 more

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Parties

Regina

Prosecution

R. Sutherland

Defendant

Self

Defendant

Gray

Defendant

Smith

Defendant

Toseland

Defendant

Procedural Posture

Criminal / Application to Stay Indictment for Abuse of Process

Legal Issues

  1. 1 Whether covert surveillance intentionally intercepted privileged solicitor-client conversations
  2. 2 Whether prosecution's disclosure failures amount to abuse of process warranting a stay
  3. 3 Whether police acted in bad faith in surveillance and disclosure

Ratio Decidendi

The police intentionally and without proper authority intercepted privileged solicitor-client conversations in exercise yards, failed to disclose material promptly, and did not take adequate steps to prevent or report such interceptions. These actions constituted a serious abuse of process, undermining the fairness of the proceedings.

Court Disposition

Indictment stayed as abuse of process

Orders

  • Stay of prosecution on all charges against all defendants
  • Disclosure failures and unlawful surveillance to be reported to relevant authorities