DOWSETT v. THE UNITED KINGDOM - 39482/98 [2003] ECHR 314 (24 June 2003)

DOWSETT v. THE UNITED KINGDOM - 39482/98 [2003] ECHR 314 (24 June 2003)

The burden to seek a ruling on disclosure of material withheld on public interest immunity grounds lies on the prosecution, not the defence, especially where the defence is unaware of the material until appeal proceedings.

Citation
[2003] ECHR 314
Parties
Prosecution: Prosecution; Defendant: Defence
Jurisdiction
European Union
Judgment Date
24 June 2003
Procedural Posture
Criminal Appeal / Appeal
Outcome
Appeal allowed
Legal Topics
Public Interest Immunity, Disclosure of Evidence, Burden of Proof
Criminal Law Procedure Public Interest Immunity Disclosure of Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Prosecution

Prosecution

Defence

Defendant

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

  1. 1 Whether the burden to seek disclosure of withheld material lies on the defence or prosecution
  2. 2 Whether failure by the defence to apply for disclosure distinguishes the case from Rowe and Davis

Ratio Decidendi

The burden to seek a ruling on disclosure of material withheld on public interest immunity grounds lies on the prosecution, not the defence, especially where the defence is unaware of the material until appeal proceedings.

Court Disposition

Appeal allowed

Orders

  • Prosecution must disclose withheld material or place it before the court for a disclosure ruling