The Weekly Law Reports
[1995] 3 WLR 681
[HOUSE OF LORDS]
REGINA v. DERBY MAGISTRATES' COURT, Ex parte B.
SAME v. SAME, Ex parte SAME
[CONSOLIDATED APPEALS]
1995 June 12,
13,
14,
15;
June 22;
Oct. 19
June 22;
Oct. 19
Lord Keith of Kinkel, Lord Mustill, Lord Taylor of Gosforth C.J., Lord Lloyd of Berwick and Lord Nicholls of Birkenhead
Crime— Evidence— Privilege— Prosecution witness previously acquitted of offence with which defendant charged— Defence seeking to question witness as to original instructions to legal advisers— Issue of witness summons for production of instructions— Whether “likely to be material evidence”— Whether admissible as previous inconsistent statement— Whether subject to legal professional privilege—
Criminal Procedure Act 1865 (28 & 29 Vict. c. 18), ss. 4, 5
[1]
—
Magistrates' Courts Act 1980 (c. 43), s. 97 (as amended by Contempt of Court Act 1981, s. 14(5), Sch. 2, para. 7 and by Criminal Penalties etc. (Increase) Order 1984 (S.I. 1984 No. 447), art. 2(3), Sch. 3)
[2]