Taylor CJ said: ‘Where the prosecution rely on public interest immunity or sensitivity, given that it is for the court to decide whether disclosure is to be made and the scope of cross-examination, what ought the court’s approach to be? . . the court has to carry out a balancing exercise. As Mann LJ put it in Reg v Governor of Brixton Prison, Ex parte Osman [1991] 1 WLR 281, 288: ‘Suffice it to say for the moment that a judge is balancing on the one hand the desirability of preserving the public interest in the absence of disclosure against, on the other hand, the interests of justice. Where the interests of justice arise in a criminal case touching and concerning liberty . . the weight to be attached to the interests of justice is plainly very great indeed.’
Judges:
Taylor CJ
Citations:
[1994] 1 WLR 746, [1994] 2 All ER 478, (1994) 99 Cr App R 1, [1995] Crim LR 225
Cited by:
Cited – Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another SC 18-Jun-2014
Limits to Duty To Investigate
The claimant had been convicted of a murder. He continued to protest his innocence, and now sought judicial review of the respondent’s decision not to act upon his requests for further investigations which might prove his innocence.
Held: The . .
Cited – Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another SC 18-Jun-2014
Limits to Duty To Investigate
The claimant had been convicted of a murder. He continued to protest his innocence, and now sought judicial review of the respondent’s decision not to act upon his requests for further investigations which might prove his innocence.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 May 2022; Ref: scu.551079