Disclosure of Foreign Intelligence Material: CPIA,Norwich Pharmacal and the War on Terror

Abstract

The statutory regime for advance disclosure in criminal cases under the Criminal Procedure and Investigations Act 1996 (CPIA) makes little express provision for material which is held by third parties. This creates particular problems in cases involving sensitive intelligence material produced, not by the domestic security services, but by their foreign counterparts. In an attempt to address this issue, the Norwich Pharmacal principle has been utilised as an alternative mechanism to secure disclosure. This article considers the approach of the courts in such cases and the extent to which this represents an additional due process protection for defendants.