Duffy & Ors, R v [2015] NICC 13 (22 October 2015)

Duffy & Ors, R v [2015] NICC 13 (22 October 2015)

Disclosure to the accused, not merely to a defence expert under confidentiality, is required to ensure a fair trial; the prosecution must disclose details of the manufacturer, model number, and GPS specification of relevant surveillance devices to the accused, as limited disclosure to an expert would render the...

Source-derived case information.

Citation
[2015] NICC 13
Parties
Prosecution: The Queen; Defendant: Paul Duffy; Defendant: Damien Duffy; Defendant: Shane Duffy
Jurisdiction
Northern Ireland
Judgment Date
22 October 2015
Procedural Posture
Criminal / Application for Disclosure Order Under Section 8(5) of the Criminal Procedure and Investigations Act 1996
Outcome
Application for limited disclosure to defence expert refused; partial disclosure to accused ordered.
Legal Topics
Disclosure, Public Interest Immunity, Covert Surveillance, Fair Trial, Expert Evidence
Criminal Law Evidence Public Interest Immunity Disclosure Covert Surveillance Fair Trial Expert Evidence

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Parties

The Queen

Prosecution

Paul Duffy

Defendant

Damien Duffy

Defendant

Shane Duffy

Defendant

Procedural Posture

Criminal / Application for Disclosure Order Under Section 8(5) of the Criminal Procedure and Investigations Act 1996

Legal Issues

  1. 1 Whether material relevant to surveillance and tracking devices should be disclosed to the defence under Section 8(5) of the Criminal Procedure and Investigations Act 1996
  2. 2 Whether disclosure limited to defence expert under confidentiality agreement is permissible
  3. 3 Whether public interest immunity justifies withholding material from the accused

Ratio Decidendi

Disclosure to the accused, not merely to a defence expert under confidentiality, is required to ensure a fair trial; the prosecution must disclose details of the manufacturer, model number, and GPS specification of relevant surveillance devices to the accused, as limited disclosure to an expert would render the trial process unfair.

Court Disposition

Application for limited disclosure to defence expert refused; partial disclosure to accused ordered.

Orders

  • Prosecution shall disclose to the accused details of the manufacturer and model number of any relevant devices used to record location and activities, and details of the specification of the GPS components of the devices.
  • Disclosure is provisional and subject to ongoing review; parties may seek further disclosure.