What is public interest immunity in legal proceedings?
Public-interest immunity (PII), previously known as Crown privilege, is a principle of English common law under which the English courts can grant a court order allowing one litigant to refrain from disclosing evidence to the other litigants where disclosure would be damaging to the public interest.
In what circumstances public interest immunity can arise?
Public interest immunity and disclosure Disclosure is determined by a statutory single test whereby any material that might reasonably be considered capable of undermining the prosecution case or assisting the case for the defence should be disclosed.
What are the three types of immunity for constitutional violations?
The main types of immunity are witness immunity, public officials immunity from liability, sovereign immunity, and diplomatic immunity.
Can public interest immunity be waived?
Firstly, PII is determined by a court pursuant to an inherently evaluative process, rather than simply being claimed as a ‘privilege’ by a party. Finally, being an immunity based on public interest (and not the personal interest of a party), caselaw suggests that PII cannot be waived.
What is a Preston hearing?
This is known as the ‘Preston’ process. Retained material is reviewed by the prosecutor and, where necessary, a relevant judge, and action can be taken to secure the fairness of the proceedings (for example by making an admission of fact).
What happened in Conway v Rimmer?
In Conway v Rimmer (1968), the House of Lords unanimously overruled Duncan v Cammell Laird and Co (1942). In the earlier case, the House of Lords had decided that an occupier of premises was only liable to a trespassing child if that child was injured by the occupier intentionally or recklessly.
What is public interest immunity NSW?
Public interest immunity (“PII”) is a common law doctrine and the name given to the body of substantive and procedural rules whereby confidential information that is otherwise relevant to court proceedings is withheld on the ground that the public interest in its disclosure is outweighed by a competing public interest …
What is public interest immunity Australia?
Under the doctrine of ‘public interest immunity’, historically described as ‘Crown privilege’, the Executive Government may seek to claim immunity from requests or orders, by a court or by Parliament, for the production of documents on the grounds that public disclosure of the documents in question would be prejudicial …
What does in-camera mean in court?
A Latin term literally meaning “in chambers” but carrying the meaning “in private”. This refers to portions of a case that are held in private before a judge. The press and the public are not allowed to take part.
When a court proceeding is held in-camera it is?
In the context of litigation, legal proceedings that are not open to the public. Before the introduction of the Civil Procedure Rules (CPR) these were known as being in camera. The general rule is for hearings to be in public.