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In light of the Supreme Court’s decision in Al Rawi v Security Service  UKHRR 728, a closed evidence procedure adopted by a judge without statutory authority was unlawful.
20 December 2011
Moore-Bick LJ; Bean J
(i) British Sky Broadcasting (BSB) applied for an order quashing a production order made by a judge sitting in the Central Criminal Court in favour of the Commissioner of Police for the Metropolis under section 1 and schedule 9 of the Police and Criminal Evidence Act 1984. The order sought production of emails and documents received between one of BSB’s journalists and two other persons. BSB argued that (1) the order was made on the basis of secret evidence on which it was unable to comment and so was fundamentally unfair and unlawful and (2) the judge had not given sufficient reasons for granting the order.
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