R v T; R v B; R v C; R v H – WLR Daily

R v T; R v B; R v C; R v H [2009] EWCA Crim 1035; [2009] WLR (D) 19

“A criminal trial without a jury did not contravene a defendant’s right to a fair trial where there was a real danger of jury tampering and proposed measures to prevent such interference did not sufficiently address the extent of the risk. On an application by the prosecution for a trial to be conducted without a jury in such circumstances the evidence should be disclosed to the fullest extent possible, but there would be cases where the evidence to demonstrate the risk of jury tampering would be so sensitive that it could only be addressed under public immunity interest principles and it would be contrary to the legislative purpose to make an order for disclosure which would, in effect, bring the prosecution to an end and enable those who had been involved in jury tampering to derail the trial.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.