High Court
| DOI | 10.1177/002201839105500401 |
| Published date | 01 November 1991 |
| Date | 01 November 1991 |
HIGH
COURT
DISCLOSURE TO
THIRD
PARTY OF DOCUMENTS SEIZED BY
POLICE
Marcel v Metropolitan Police Commissioner
Although the proceedings in Marcel v Metropolitan Police Commis-
sioner [1991] 2 WLR 1118 were civil proceedings in the Chancery
Division, they dealt with the balancing of public immunity interest
and the public interest in the administration of justice, which is a
matter in which the criminal courts must be as interested as are
the civil courts: cf R v Governor
of
Bruton
Prison, ex p Osman
[1991] 1 WLR 281 (below). The purpose for which documents
seized under the
PACE
Act 1984 are to be used is naturally of
great importance in criminal courts, even though s 22 does not
spell out in precise terms what purports to be a complete list of
the purposesfor which the documents may be used or disseminated.
In the present case, the facts gave rise not only to the civil action
out
of which the proceedings here considered arose, but also to a
criminal investigation (and prosecution) in the course of which
investigation the police seized the documents under Part II of the
Act. They allowed the defendant in the civil proceedings to take
copies of certain of the documents as he wished to use them in
the course of that action. At the opening of the action, some of
the documents were exhibited to affidavits, while in others the
police brought them to court under asubpoena and lodged them
with the court.
It
was sought to restrain their use by injunction.
The essence of the ,claim made by the owners of the documents
was that the police should be restrained from using the documents
in any way other than for the purpose of investigating and
prosecuting crime, which meant that the documents could not be
used in civil litigation. The police had apparently shown the
defendants some documents, but refused to disclose others as it
would, or might, prejudice further criminal investigations. The
main question before the court was, therefore, the question
whether the police are ever permitted to disclose documents
391
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