AG v Picot [2000] JRC 33 (23 February 2000)

AG v Picot [2000] JRC 33 (23 February 2000)

The court has power to order disclosure of third party psychological records during the trial process if satisfied they are material and relevant, and such disclosure furthers the interests of justice.

Citation
[2000] JRC 33
Parties
Respondent: The Crown; Applicant: Miss Fogarty; Third Party: Dr Blackwell
Jurisdiction
Jersey
Judgment Date
23 February 2000
Procedural Posture
Criminal / Preliminary Hearing
Outcome
application granted in part
Legal Topics
Disclosure of Third Party Documents, Judicial Discretion, Interests of Justice
Criminal Law Evidence Disclosure of Third Party Documents Judicial Discretion Interests of Justice

Case Brief

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Parties

The Crown

Respondent

Miss Fogarty

Applicant

Dr Blackwell

Third Party

Procedural Posture

Criminal / Preliminary Hearing

Legal Issues

  1. 1 Whether the court has power to order disclosure of third party psychological records during trial
  2. 2 Whether such disclosure is in the interests of justice

Ratio Decidendi

The court has power to order disclosure of third party psychological records during the trial process if satisfied they are material and relevant, and such disclosure furthers the interests of justice.

Court Disposition

application granted in part

Orders

  • Psychological records to be disclosed by Dr Blackwell to an independent competent member of the Bar chosen by agreement between Crown and Defence.
  • If parties cannot agree, court will nominate the independent member.