Crown Prosecution Service v LR
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Criminal Division) |
| Judgment Date | 28 April 2010 |
| Date | 28 April 2010 |
Court of Appeal, Criminal Division
Before Lord Judge, Lord Chief Justice, Mr Justice Wilkie and Mr Justice Maddison
Regina
and
R(L)
Disclosing indecent images not illegal
The prosecution in possession of allegedly indecent images could not refuse to disclose them to the defence team on the ground that it would be committing an offence if it did so.
Where the Crown had possession of such material, it had to propose satisfactory arrangements to enable the defendant to have confidential, private discussions of it with his lawyers, unsupervised and unobserved by prosecution representatives.
TheCourt of Appeal, Criminal Division, so held when dismissing an appeal by the Crown, under section 58 of the Criminal Justice Act 2003, against the decision by Judge Pearson in Portsmouth Crown Court to stay proceedings against the defendant, R(L), on 19 counts of making indecent...
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