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British Sky Broadcasting Ltd, Regina (on The Application of)

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British Sky Broadcasting Ltd, Regina (on The Application of)

Postby dls » Tue Jan 13, 2015 1:21 pm

British Sky Broadcasting Ltd, Regina (on The Application of) -v- The Central Criminal Court and Another - Admn - 21-Dec-2011 - Moore-Bick LJ, Bean J (Bailii, [2011] EWHC 3451 (Admin), [2012] 3 WLR 78, 2012 GWD 21-432, 2012 SCL 635, 2012 SCCR 562, [2012] 4 All ER 600, [2012] QB 785, [2012] HRLR 24) - Police - Media - Magistrates - Human Rights - Natural Justice
The claimant challenged a production order made by the magistrates in respect of journalists' material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act.
Held: It was common ground that neither the Civil nor the Criminal Procedure Rules contain any provisions governing an application under section 9 and schedule 1 of PACE. Paragraph 7 of schedule 1 requires the hearing to be conducted inter partes, but apart from that the only procedural requirement is that they be conducted in accordance with common law principles of fairness and the requirements of Article 6 of the ECHR.
The procedure adopted in this case was unlawful: "there was a failure to observe a fundamental principle of law bearing directly on the fairness of the proceedings, a matter which the court should be very slow to condone. Moreover, however carefully the judge considered the secret evidence, that can be no substitute for allowing B Sky B to challenge it, for the reasons given by Lord Kerr in Al Rawi."
Statutes:
Police and Criminal Evidence Act 1984 s. 9
Official Secrets Act 1989 s. 1

Cases Cited:
Malik -v- Manchester Crown Court and others; Re A Admn 19-6-2008 (Bailii, [2008] EWHC 1362 (Admin), [2008] 4 ALL ER 403)
Regina -v- Davis HL 18-6-2008 (Bailii, [2008] UKHL 36, [2008] 3 All ER 461, Times 19-Jun-08, HL, [2008] 1 AC 1128, [2008] HRLR 35, [2008] 3 WLR 125, [2008] 2 Cr App R 33, [2008] Crim LR 915)
Al Rawi and Others -v- The Security Service and Others CA 4-5-2010 (Bailii, [2010] EWCA Civ 482, Times, [2010] 4 All ER 559, [2010] UKHRR 728, [2010] CP Rep 37, [2010] NPC 51, [2010] 3 WLR 1069)
Al-Rawi and Others -v- The Security Service and Others SC 13-7-2011 (Bailii, [2011] UKSC 34, Bailii Summary, UKSC 2010/0107, SC, SC Summary, [2011] UKHRR 931, [2012] 1 All ER 1, [2011] 3 WLR 388, [2012] 1 AC 531)
Regina -v- Central Criminal Court Ex Parte Bright; Regina -v- Same, Ex Parte Rusbridger QBD 21-7-2000 (Gazette 05-Oct-00, [2001] 1 WLR 662, [2000] UKHRR 796, Bailii, [2002] Crim LR 64, [2001] EMLR 4, [2001] 2 All ER 244)

Cited by:
British Sky Broadcasting Ltd, Regina (on The Application of) -v- The Commissioner of Police of The Metropolis SC 12-3-2014 (Bailii, [2014] UKSC 17, [2014] 2 All ER 705, [2014] EMLR 18, [2014] WLR(D) 123, [2014] 2 WLR 558, [2014] 1 AC 885, [2014] 2 All ER 705, [2014] Crim LR 620, Bailii Summary, WLRD, UKSC 2012/0115, SC Summary, SC) - Appeal from
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