W, R v [2003] EWCA Crim 1632 (12 June 2003)

W, R v [2003] EWCA Crim 1632 (12 June 2003)

Section 17 of RIPA does not prevent the defence or prosecution from adducing evidence or making assertions as to whether a telecommunications system is public or private in criminal proceedings concerning events before RIPA came into force; the judge was wrong to exclude such evidence, and the correct course is to determine the nature of the system to decide admissibility.

Citation
[2003] EWCA Crim 1632
Parties
Prosecution: Regina; Defendant: W
Jurisdiction
England and Wales
Judgment Date
12 June 2003
Procedural Posture
Attorney General's Reference (criminal) / Court of Appeal (criminal Division) Opinion on Point of Law After Acquittal
Outcome
Opinion given; judge's ruling was wrong; section 17 of RIPA does not prohibit evidence or questions as to whether the system was public or private.
Legal Topics
Interception of Communications, Admissibility of Evidence, Public Vs Private Telecommunications Systems, Regulation of Investigatory Powers Act 2000 (ripa), Interception of Communications Act 1985, Article 8 ECHR
Criminal Law Evidence Human Rights Interception of Communications Admissibility of Evidence Public Vs Private Telecommunications Systems Regulation of Investigatory Powers Act 2000 (ripa) Interception of Communications Act 1985 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

W

Defendant

Procedural Posture

Attorney General's Reference (criminal) / Court of Appeal (criminal Division) Opinion on Point of Law After Acquittal

Legal Issues

  1. 1 Does section 17(1) of RIPA prevent evidence or questions in criminal proceedings as to whether a telecommunications system is public or private?
  2. 2 Is the answer different if the events occurred before RIPA came into force?
  3. 3 Is it permissible in criminal proceedings to establish that an interception on a private system was carried out by or on behalf of the person with the right to control the system, both before and after RIPA?

Ratio Decidendi

Section 17 of RIPA does not prevent the defence or prosecution from adducing evidence or making assertions as to whether a telecommunications system is public or private in criminal proceedings concerning events before RIPA came into force; the judge was wrong to exclude such evidence, and the correct course is to determine the nature of the system to decide admissibility.

Court Disposition

Opinion given; judge's ruling was wrong; section 17 of RIPA does not prohibit evidence or questions as to whether the system was public or private.