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Criminal law – Trial. The Supreme Court dismissed the appeal in relation to the lawfulness of an order for disclosure of closed material made at a criminal trial, when it came to proceedings before the European Court of Human Rights (ECtHR). The court held, amongst other things, that it would be for the ECtHR to decide at an appropriate time under art 38 of the European Convention on Human Rights, whether any and if so what further disclosure should be made, rather than for the appellant to prejudge its view by insisting on such disclosure as of right under art 34 of the Convention and it would then be for the United Kingdom to consider its position further.
Criminal law – Trial. The Supreme Court dismissed the appeal in relation to the lawfulness of an order for disclosure of closed material made at a criminal trial, when it came to proceedings before the European Court of Human Rights (ECtHR). The court held, amongst other things, that it would be for the ECtHR to decide at an appropriate time under art 38 of the European Convention on Human Rights, whether any and if so what further disclosure should be made, rather than for the appellant to prejudge its view by insisting on such disclosure as of right under art 34 of the Convention and it would then be for the United Kingdom to consider its position further.
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