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Disclosure – Disclosure of documents. After a search warrant was executed at the defendant's premises, a judge ordered the disclosure of the information laid before the justices in support of the application for the search warrant and notes made by the legal adviser to the justices. The Metropolitan Police Commissioner appealed by way of case stated. The Divisional Court, in allowing the appeal, held that the judge had had jurisdiction to hear the disclosure application, but had not applied the correct procedure. Further, the exercise undertaken by the judge had not amounted to a proper balancing exercise and the public interest in withholding the information was clearly stronger than that served by ordering disclosure.
Disclosure – Disclosure of documents. After a search warrant was executed at the defendant's premises, a judge ordered the disclosure of the information laid before the justices in support of the application for the search warrant and notes made by the legal adviser to the justices. The Metropolitan Police Commissioner appealed by way of case stated. The Divisional Court, in allowing the appeal, held that the judge had had jurisdiction to hear the disclosure application, but had not applied the correct procedure. Further, the exercise undertaken by the judge had not amounted to a proper balancing exercise and the public interest in withholding the information was clearly stronger than that served by ordering disclosure.
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