AG -v- H [2012] JRC 175 (04 October 2012)

The defence expert must be permitted to review the complainant's medical records in the prosecution's possession, and the prosecution must take reasonable steps to obtain earlier records, as these may be relevant to the complainant's credibility and the fairness of the trial. Safeguards must be imposed to protect confidentiality, and only relevant material should be disclosed to the defendant.

Citation: [2012] JRC 175
Parties: Defendant: Defendant; Prosecution: Prosecution
Jurisdiction: Jersey
Judgment Date: 04 October 2012
Procedural Posture: Criminal / Pre Trial Interlocutory Application
Outcome: Application for disclosure granted with conditions
Legal Topics: Disclosure of Medical Records, Relevance of Evidence, Complainant Credibility, Confidentiality in Criminal Proceedings

Criminal Law Evidence Disclosure Disclosure of Medical Records Relevance of Evidence Complainant Credibility Confidentiality in Criminal Proceedings

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Parties

Defendant

Prosecution

Procedural Posture

Criminal / Pre Trial Interlocutory Application

Legal Issues

1 Whether the defence is entitled to disclosure of the complainant's medical records
2 Whether such records are relevant to the credibility of the complainant and the defence case
3 What safeguards should be imposed to protect confidentiality

Ratio Decidendi

Court Disposition

Application for disclosure granted with conditions

Orders

Defence expert to review medical records in prosecution's possession for relevance.
Prosecution to take reasonable steps to obtain earlier medical records.