Legal News

Court order for production of journalist's note of interview ruled unlawful (R (on the application of British Broadcasting Corporation) v Newcastle Crown Court)

Published on: 28 October 2019
Published by: LexisPSL
  • Court order for production of journalist's note of interview ruled unlawful (R (on the application of British Broadcasting Corporation) v Newcastle Crown Court)
  • What was the background to the decision?
  • What were the issues for the court?
  • What did the court conclude in relation to the issues and why?
  • What lessons are there for investigators and prosecutors dealing with their disclosure obligations under CPIA 1996?
  • What questions should those served with a production order under PACE 1984 be asking on the basis of this judgment?
  • Are there any other points of interest arising from the judgment?
  • Case details

Article summary

Corporate Crime analysis: Gavin Millar QC, of Matrix Chambers, examines a Divisional Court decision that an order made by a circuit judge during a Crown Court trial had unlawfully required the claimant broadcaster to produce a note which one of its journalists made of an interview. The Divisional Court held that the judge had had no reasonable grounds for believing the note of the journalist's interview with a complainant who would later be a prosecution witness was likely to be immediately, rather than merely contingently, admissible in evidence at the trial. or take a trial to read the full analysis.

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