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Regina v Barron: 1973

References: [1973] 1 WLR 115
Coram: Caulfield J
Ratio: The judge at trial had refused to set aside a subpoena to produce documents which had been served on behalf of the accused in a criminal trial.
Held: Caulfield J said: ‘I think the correct principle is this, and I think it must be restricted to these particular facts in a criminal trial, and the principle I am going to enunciate is not supported by any authority that has been cited to me, and I am just working on what I conceive to be the rules of natural justice. If there are documents in the possession or control of a solicitor which, on production, help to further the defence of an accused man, then in my judgment no privilege attaches. I cannot conceive that our law would permit a solicitor or other person to screen from a jury information which, if disclosed to the jury, would perhaps enable a man either to establish his innocence or to resist an allegation made by the Crown.’
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Jurisdiction: England and Wales

Last Update: 19-Mar-17
Ref: 580911

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