Hewitt & Anor, R v [2002] NICC 12 (20 December 2002)

The prosecution is responsible for reviewing third-party files, identifying material relevant to specified criteria, and referring disputed disclosure matters to the court for final determination, balancing fair trial and privacy rights.

Citation: [2002] NICC 12
Parties: Prosecutor: The Queen; Defendant: Hewitt; Defendant: Anderson
Jurisdiction: Northern Ireland
Judgment Date: 20 December 2002
Procedural Posture: Criminal / Pre Trial Disclosure Ruling
Outcome: Prosecution directed to review files and identify relevant material; court to make final disclosure determination.
Legal Topics: Disclosure, Fair Trial, Privacy, Public Interest Immunity

Criminal Law Human Rights Law Disclosure Fair Trial Privacy Public Interest Immunity

Case Brief

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Parties

The Queen

Prosecutor

Hewitt

Defendant

Anderson

Defendant

Procedural Posture

Criminal / Pre Trial Disclosure Ruling

Legal Issues

1 Whether prosecution or court should determine disclosure of sensitive third-party material to defence
2 Balancing Article 6 (fair trial) and Article 8 (privacy) rights under ECHR
3 Criteria for disclosure of social services and medical files in child abuse cases

Ratio Decidendi

Court Disposition

Prosecution directed to review files and identify relevant material; court to make final disclosure determination.

Orders

Prosecution counsel to read all files and identify portions relevant to specified criteria.
Prosecution to apply principles from Criminal Procedure and Investigations Act 1996.