VB & Ors v Westminster Magistrates' Court & Ors

VB & Ors v Westminster Magistrates' Court & Ors

A judge conducting an extradition hearing does not have the power to consider evidence tendered by one side which is not disclosed to the other, as this would be a radical departure from the principles of open justice and natural justice, and only Parliament can sanction such a change. However, Section 86 of the Coroners and Justice Act 2009 permits the admission of anonymous evidence, provided statutory conditions are met, and the identity of witnesses need not be disclosed to the CPS or the Government of Rwanda.

Parties
Claimant: VB; Claimant: CU; Claimant: CM; Claimant: EN; Defendant: Westminster Magistrates' Court; First Interested Party: The Government of Rwanda; Second Interested Party: The Crown Prosecution Service; Third Interested Party: CM
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Judicial Review / Extradition / Substantive Hearing After Permission Granted
Outcome
Claim for judicial review dismissed; permission granted but substantive relief refused.
Legal Topics
Closed Material Procedure, Witness Anonymity, Article 6 ECHR, Natural Justice, Judicial Review
Extradition Law Criminal Procedure Human Rights Closed Material Procedure Witness Anonymity Article 6 ECHR Natural Justice Judicial Review

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Parties

VB

Claimant

CU

Claimant

CM

Claimant

EN

Claimant

Westminster Magistrates' Court

Defendant

The Government of Rwanda

First Interested Party

The Crown Prosecution Service

Second Interested Party

CM

Third Interested Party

Procedural Posture

Judicial Review / Extradition / Substantive Hearing After Permission Granted

Legal Issues

  1. 1 Whether a judge in extradition proceedings can admit and consider evidence from the claimants without disclosing it to the requesting state (Government of Rwanda)
  2. 2 Whether the court can create a common law procedure or 'reverse closed material procedure' to allow such non-disclosure
  3. 3 Whether Section 86 of the Coroners and Justice Act 2009 permits anonymous evidence in extradition proceedings

Ratio Decidendi

A judge conducting an extradition hearing does not have the power to consider evidence tendered by one side which is not disclosed to the other, as this would be a radical departure from the principles of open justice and natural justice, and only Parliament can sanction such a change. However, Section 86 of the Coroners and Justice Act 2009 permits the admission of anonymous evidence, provided statutory conditions are met, and the identity of witnesses need not be disclosed to the CPS or the Government of Rwanda.

Court Disposition

Claim for judicial review dismissed; permission granted but substantive relief refused.

Orders

  • The claim for judicial review is dismissed.
  • If an application is made, the judge may receive anonymous evidence under Section 86 of the Coroners and Justice Act 2009, subject to statutory conditions.