Are the Criminal Procedure Rules undermining the fundamental rights of defendants?
In the recent case of R (Kelly) v Warley Magistrates Court [2007] EWHC 1836 the High Court ruled that the fundamental rights of defendants in a criminal trial could only be altered by means of primary legislation (i.e. Act of Parliament). In that case a Deputy District Judge had, at an early stage in the proceedings, ordered the defence to disclose to the prosecution details of their witnesses. This was ordering the defendant to disclose legally privileged information and the High Court held that there was no power to interfere with such information. Legal privilege was described as the foundation upon which the administration of justice rests. It could only be altered by Act of Parliament. In April 2008, the Criminal Procedure Rules were revised and they contain express provision for criminal courts to impose sanctions on defendants who fail to provide information that will help the court to manage cases. In particular, Rule 3.10.2(i) requires the very witness details to be provided w
