Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles

Sealing one's own fate: disclosure of documents in care proceedings - on the trail to the abrogation of a fair trial? [2005] CFLQ 13

Sep 29, 2018, 17:54 PM
Slug : sealing-one-s-own-fate-disclosure-of-documents-in-care-proceedings-on-the-trail-to-the-abrogation-of-a-fair-trial-2005-cflq-13
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 21, 2011, 04:58 AM
Article ID : 95937

The rich evidential jewel of 'frankness' in civil courts in child protection proceedings is currently under siege. Its object, to discover causation rather than attribute blame, is being thwarted by self-incriminating statements made in care proceedings being disclosed to the police. Following the rulings authorising disclosure in Re L (Police Investigation: Privilege) and Re EC (Disclosure of Material), the preservation of the principle of encouraging frankness through promising confidentiality is being compromised, with the result that parents/carers are now less likely than ever to assist those involved in child protection in the discovery of causation. Legal practitioners are obliged to advise their clients that what they say in confidence to third parties and in oral evidence in care proceedings can no longer be assured confidentiality. When the police make applications for disclosure of confidential incriminating documents and/or transcripts, the civil court, in making child welfare paramount, routinely grants the application, leaving it to the criminal courts to 'shut the stable door' and develop a jurisprudence with regard to the obligation to ensure a fair trial in their exercise of discretion regarding exclusionary evidence. It is the concern of this author that where the prosecution have the advantage of access to, and use of, admissions made in other proceedings, the equality of arms principle is stacked in the prosecutor's favour at the pre-trial and trial stages.

Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from