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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> R. v Crown Prosecution Service, Re Interlocutory Application  EWCA Crim 2342 (07 September 2005)
Cite as:  EWCA Crim 2342
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B e f o r e :
(LORD JUSTICE ROSE)
MR JUSTICE OWEN
MR JUSTICE MITTING
|R E G I N A|
|CROWN PROSECUTION SERVICE|
|(INTERLOCUTORY APPLICATION UNDERS SS35/36 CRIMINAL PROCEDURE AND|
|INVESTIGATION ACT 1996)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR A MITCHELL QC, MR KENNEDY-TALBOT, MR T CRAY & MISS E SCHUTZER-WEISSMAN appeared on behalf of the CROWN
MR H GODFREY QC & MR K VAUGHEN appeared on behalf of the APPLICANT B
MR T BURKE QC & MR T DERBYSHIRE appeared on behalf of the APPLICANT A1
MR J LEWIS QC & MR S AGHA appeared on behalf of the APPLICANT A2
MR C BOTT & MR W WALSH appeared on behalf of the APPLICANT M
Crown Copyright ©
"In a case involving audio surveillance product, only a part of which is relied on evidentially, do the fair trial requirements of Article 6 and the equality of arms principle in Article 6(3)(b) of the European Convention on Human Rights and Fundamental Freedoms require the prosecution to prepare and disclose full transcripts of that product, or can the prosecution's duty of disclosure be satisfied if it discloses to the defence the audio product itself and a guide to the contents of that product?"
"S 29(1) Where it appears to a judge of the Crown Court that an indictment reveals a case of such complexity ... or a case whose trial is likely to be of such length, that substantial benefits are likely to accrue from the hearing-
(a) before the jury are sworn, and
(b) for any of the purposes mentioned in subsection (2)
he may order that such a hearing (in this Part referred to as a preparatory hearing) shall be held...
(2) The purposes are those of.
(a) identifying issues which are likely to be material to the verdict of the jury ...
(b) assisting their comprehension of any such issues ...
(c) expediting the proceedings before the jury ... (d) assisting the judge's management of the trial."
"(1) At the preparatory hearing the judge may exercise any of the powers specified in this section ...
(3) He may make a ruling as to-
(a) any question as to admissibility of evidence; (b) any other question of law relating to the case."
Section 35(1) provides:
"An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), ... but only with the leave of the judge or of the Court of Appeal."
"(1) A judge may make at a pre-trial hearing a ruling as to-
(a) any question as to the admissibility of evidence;
(b) any other question of law relating to the case concerned."