What Next for Public Interest Immunity?

Abstract

This article examines recent developments in the law of public interest immunity (PII), a mechanism for the non-disclosure of sensitive material to the defence which continues to cause concern as a potential source of injustice. The article considers the lessons to be learned from recent decisions, most notably the London City Bond cases which saw a large number of prosecutions tainted by misuse of PII. This series of cases illustrated the ethical dilemma faced by investigators anxious to preserve covert intelligence sources, primarily informants, and the way in which the courts may be misled during PII applications in order to avoid jeopardising the prosecution. The article then considers a number of recent domestic and European decisions which have sought to refine the procedure for considering PII applications in order to evaluate their impact on the trial process and the administration of justice.