Supreme Court dismisses police appeal and refuses to allow secret evidence in application for production order against Sky News
The Met arrested two secret service officers in March 2011 for alleged breaches of the Official Secrets Act 1989. The Met believed that both officers had long-standing relationships with one of Sky’s journalists and alleged that they had leaked information from COBRA meetings, posing a threat to national security overseas and in the UK. This information was then alleged to have appeared verbatim on Sky News’s live broadcast ticker.
The Met made an application for a production order requiring Sky to hand over a wide range of documents that it said would assist with the investigation. The application relied upon ‘secret evidence’ not disclosed to Sky, but that was disclosed to the court in a closed hearing at the Old Bailey. Sky pointed out that it could not properly respond to the application without full disclosure by the Met of the evidence in support. Nevertheless, HHJ Paget QC granted the Met’s application and ordered Sky to hand over the requested documents.
Sky successfully challenged this decision by way of judicial review. The Administrative Court ruled that it is a fundamental principle of fairness for a party to have access to all the evidence on which the case against him is based. The Met appealed to the Supreme Court…
Click on the link below to read the rest of the Goodman Derrick briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Goodman Derrick
Briefings from Goodman Derrick
EU probe means sports governing bodies will have to justify their claim that only they provide the real thing.
Your duty includes ensuring workers do not have an overly burdensome work schedule.
Analysis from The Lawyer
Active financial management is vital, but with firms looking more closely at the process of debt and fee collection, the personal touch still counts
The lure of the law can kick in at any stage of life. We speak to four individuals who have made a radical switch to a legal career