16 August 2007
R (Kelly) v Warley Magistrates’ Court [2007] EWHC 1836 (Admin), [2007] All ER (D) 506 (Jul)
The defence was ordered—under Pt 3.10 of the Criminal Procedure Rules—to supply the full names, dates of birth and addresses of all defence witnesses to be called at trial.
The defendant applied to have the direction quashed. It was held that the subject matter of the direction was covered by both litigation privilege and legal professional privilege, and the court did not have power to override them.
Such a requirement would require statutory authority, and the relevant provisions of the Criminal Justice Act 2003 have not yet been brought into force.
