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 Appeal failed. Where new information did come to light there was a continuing duty on prosecutors and police to disclose such materials to the accused, and to follow inquiries where there appeared to be a real prospect that such inquiries might reveal further relevant evidence. That obligation was not, however, open ended.
Lord Neuberger, President, Lord Clarke, Lord Reed, Lord Carnwath, Lord Hughes
[2014] 4 All ER 21, [2015] 1 AC 225, [2014] 2 Cr App R 22, [2014] 3 WLR 77, [2015] Crim LR 76, UKSC 2012/0175, [2014] UKSC 37, [2014] WLR(D) 265
WLRD, Bailii Summary, SC, SC Summary, Bailii
Criminal Procedure and Investigations Act 1996
England and Wales
Citing:
Appeal from – Nunn v Suffolk Constabulary and Another Admn 4-May-2012
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team.
Held: Permission to apply for review was granted, but the claim failed. ‘It is . .
Cited – Regina v Mills, Regina v Poole HL 24-Jul-1997
The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is . .
Cited – Regina v Ward and Regina v Keane 1994
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 . .
Cited – Regina v Director of Public Prosecutions, ex parte Lee Admn 18-Mar-1999
Application for judicial review of CPS decision on disclosure of evidence before committal.
Held: The court recognised an ongoing duty of disclosure from the time of arrest. At the stage before committal, there are continuing obligations on . .
Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.
Cited – Makin, Regina v CACD 23-Jun-2004
The complaint was of a failure of disclosure at trial, and disclosure pending appeal was necessary to enable the complaint to be investigated by the court. . .
Cited – McDonald v Her Majesty’s Advocate PC 16-Oct-2008
mcdonaldhmaPC2008
(The High Court of Justiciary Scotland) The defendant sought to appeal against his convictions for murder and and assault. The HCJ in Scotland had refused to receive a devolution minute.
Held: The refusal was itself sufficient to give the . .
Cited – Regina v Ward and Regina v Keane 1994
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 . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Shirley v Regina CACD 29-Jul-2003
The defendant, supported by the Criminal Cases Review Commission sought to appeal against his conviction in 1988 for murder, saying that a modern DNA test rendered the conviction unsafe. He had been convicted in part on the basis of analysis of . .
Cited – Hodgson, Regina v CACD 18-Mar-2009
The defendant appealed against his conviction for murder.
Held: The appeal succeeded. After many years in prison, the original exhibits had been located and subjected to DNA analysis which proved that the defendant could not, despite his . .
Lists of cited by and citing cases may be incomplete.
Police, Criminal Practice
Leading Case
Updated: 02 November 2021; Ref: scu.526729