R v Derby Magistrates' Court, Ex parte B

Subject Matter

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, ss 4, 5 — Magistrates' Courts Act 1980, 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, art 2(3), Sch 3)

[1995] UKHL 18; [1996] 1 AC 487; [1995] 3 WLR 681; [1995] 4 All ER 526; [1996] 1 Cr App R 385; [1996] 1 FLR 513, HL(E)

Commentary

Blackstones Criminal Practice 2025
Rule of Finality of Answers to Questions on Collateral Matters - Previous Inconsistent Statements F7.51

Legal Professional Privilege - Information Helpful in Establishing Innocence F10.37

Entry and Search under Warrant - Access to Excluded or Special Procedure Material - Access Conditions D1.161

Securing the Attendance of Witnesses: Witness Summonses - Material Evidence D21.28

Blackstones Civil Practice 2023
Finality on Collateral Issues - Previous inconsistent statements 49.64

Legal Professional Privilege 50.103