The Court found that it had jurisdiction to entertain an appeal against the Divisional Court’s upholding of a decision that the Director of Public Prosecutions could freely remove exhibits, lodged in the Crown Court in criminal proceedings against the applicant, in order to return them to the Republic of Ireland, to enable them to be used in criminal proceedings against the applicant in the Republic.
Prosecuting authorities had not merely the power to retain exhibits, but also a duty to do so – though that duty was not broken in the particular circumstances of the case when the exhibits were released for use in a foreign court.
Sir John Donaldson MR defined the prosecution’s duty toward documents: ‘(1) to take all proper care to preserve the exhibits safe from loss or damage;
(2) to co-operate with the defence in order to allow them reasonable access to the exhibits for the purpose of inspection and examination; and
(3) to produce the exhibits at the trial.’
Judges:
Sir John Donaldson MR, May LJ
Citations:
[1983] QB 551, [1983] 1 All ER 321, (1982) 76 Cr App R 246, 1983] 2 WLR 259
Jurisdiction:
England and Wales
Citing:
Doubted, but binding – Regina v Southampton Justices ex parte Green CA 1976
The court considered whether as the Court of Appeal, it had jurisdiction to hear an appeal against the Divisional Court’s refusal to quash an order estreating a recognisance.
Held: It did. Lord Denning MR said that ‘the matter is criminal’ if . .
Cited by:
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.450437