Warren v Att. Gen. [2010] JLR 200 (05 May 2010)

Warren v Att. Gen. [2010] JLR 200 (05 May 2010)

The prosecution must disclose to the accused all material which might undermine the prosecution case or assist the defence, as required by the right to a fair trial under ECHR Article 6(1) and the Human Rights (Jersey) Law 2000, Article 7(1).

Citation
[2010] JLR 200
Parties
Accused: Warren; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
05 May 2010
Procedural Posture
Criminal / Ruling on Disclosure
Outcome
Disclosure ordered
Legal Topics
Disclosure, Fair Trial, European Convention on Human Rights
Criminal Law Human Rights Law Disclosure Fair Trial European Convention on Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Warren

Accused

Attorney General

Prosecution

Procedural Posture

Criminal / Ruling on Disclosure

Legal Issues

  1. 1 Whether the prosecution must disclose all material that might undermine its case or assist the defence
  2. 2 Whether the Attorney General, as a public authority, must act compatibly with Convention rights

Ratio Decidendi

The prosecution must disclose to the accused all material which might undermine the prosecution case or assist the defence, as required by the right to a fair trial under ECHR Article 6(1) and the Human Rights (Jersey) Law 2000, Article 7(1).

Court Disposition

Disclosure ordered

Orders

  • Prosecution to disclose all relevant material to accused