Source: All England Reporter
Publisher Citation: [2002] All ER (D) 54 (Dec)
Neutral Citation: [2002] EWHC 2584 (Admin)
Court: Divisional Court

Laws LJ and Field J

Representation David Perry (instructed by Law Enforcement and International Advisory Division) for the claimant.
  Michael Ivers and Mark O'Connor (instructed by Farrell Matthews & Weir) for the interested party.
Judgment Dates: 14 November 2002


Criminal law - Drug offence - International co-operation - Request for legal assistance - Jurisdiction of trial judge to order there to be no court proceedings concerning three defendants pursuant to request.

The Case

There was no jurisdiction by which a judge to make orders against parties who were not parties to the trial he was to conduct. Rather the judge's jurisdiction was to try the indictment that was before him. However, the judge plainly had jurisdiction to ensure that there was fairness in the course of the trial that was to proceed in front of him so that if he became satisfied that, in the course of the execution of the request, unfairness had arisen so far as the trial on indictment was concerned, then he had jurisdiction to take steps within that trial.

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