How information is protected
Peter Sommer
ukcrypto at chiark.greenend.org.uk
Tue, 21 Aug 2007 09:02:59 +0100
Dave Howe wrote:
>>
>
> As an aside - if I were the defence (or appeal) solicitor in such a
> case, I would be fascinated to compare what was actually disclosed
> (ie, what they decided to use in court) with the total of data
> collected....
>
>
>
If you are the defence solicitor you put in a defence case statement
under CPIA 1996 (and as subsequently revised) raising the issue and if
the totality is not disclosed you go to the judge and ask for a court
order on the basis that otherwise a fair trial cannot proceed.
The CPS Disclosure Manual explains:
http://www.cps.gov.uk/legal/section20/chapter_a.html
Peter Sommer