[2001] EWCA Crim 2789

The public interest in protecting the identity of an informant had to be balanced against the defendant's right to a fair trial. If there was material that might assist the defence in any way in the conduct of its defence the necessity for the defendant to have a fair trial outweighed the other interests in the case and the material would have to be disclosed or the prosecution discontinued. Where no inference could be drawn under s.34(1)(a) Criminal Justice and Public Order Act 1994 there was no good reason for a judge not to leave to the jury the possibility of drawing an inference under s.34(1)(b) of the 1994 Act subject to any issue of unfairness. * Leave to the House of Lords refused.

CA (Crim Div) (Kay LJ, Sir Ian Kennedy, Recorder of Liverpool)

12/12/2001