RM, R v [2009] NICC 36 (23 April 2009)

RM, R v [2009] NICC 36 (23 April 2009)

Only those third party documents which might reasonably be considered capable of undermining the prosecution case or assisting the defence case should be disclosed; the court must examine the documents and balance fair trial rights against confidentiality and privacy interests, disclosing only those documents meeting the materiality test.

Citation
[2009] NICC 36
Parties
Prosecution: The Queen; Defendant: R M
Jurisdiction
Northern Ireland
Judgment Date
23 April 2009
Procedural Posture
Criminal / Pre Trial Interlocutory Ruling on Third Party Disclosure
Outcome
Partial disclosure ordered
Legal Topics
Third Party Disclosure, Material Evidence, Confidentiality, Public Interest Immunity, Article 8 ECHR, Article 6 ECHR, Children's Welfare, Medical Records, Social Services Records
Criminal Law Evidence Human Rights Third Party Disclosure Material Evidence Confidentiality Public Interest Immunity Article 8 ECHR +4 more

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Parties

The Queen

Prosecution

R M

Defendant

Procedural Posture

Criminal / Pre Trial Interlocutory Ruling on Third Party Disclosure

Legal Issues

  1. 1 Whether third party disclosure of medical and social services records of child complainants should be ordered in a criminal trial
  2. 2 What is the applicable test for materiality in third party disclosure applications
  3. 3 How to balance fair trial rights with confidentiality and privacy interests

Ratio Decidendi

Only those third party documents which might reasonably be considered capable of undermining the prosecution case or assisting the defence case should be disclosed; the court must examine the documents and balance fair trial rights against confidentiality and privacy interests, disclosing only those documents meeting the materiality test.

Court Disposition

Partial disclosure ordered

Orders

  • Disclosure to prosecution and defence of two specific medical records: (i) Fracture and Orthopaedic Department record for P (fractured right distal humerus, February-March 2004); (ii) Hospital record for J (superficial head laceration, December 2004).
  • No further disclosure at this stage; ruling to be kept under review.