Regina v Crown Prosecution Service, Re Interlocutory Application: CACD 7 Sep 2005

The defendants in a forthcoming trial had applied for disclosure of surveillance tapes (some 15,000 hours) made during the investigations anticipating an application for a finding of abuse of process. Some had been served, but the prosecutor now appealed asking whether the protection of the defendants’ human rights required the disclosures.


Rose VP LJ, Owen, Mitting JJ


[2005] EWCA Crim 2342




Criminal Procedure and Investigation Act 1996 35 36, European Convention on Human Rights 6(3)(b)


England and Wales


CitedRegina v L, G etc CACD 17-Jun-2005
A cash sum of andpound;87,000 was transferred. The defendants appealed against a ruling under the 1996 Act, saying that at the time of its transfer, the property did not represent criminal property under the Act.
Held: The pre-conditions for . .

Cited by:

CitedH, Regina v Re Interlocutory Application CACD 7-Jul-2006
The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure.
Held: Because orders for disclosure would not form part of the material to be considered in a preparatory hearing as . .
CitedH, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 23 May 2022; Ref: scu.249351