Monday, June 23, 2008

Malik v Manchester Crown Court & Ors: High Court rules for police, but production order must be narrowed down

Manchester Police can seek access to a journalist's research notes, but the production order must be suitably narrow, the High Court ruled in the case of Malik v. Manchester Crown Court. Lord Justice Dyson, writing for the Court, said:

"A balance has to be struck between the protection of confidential material of journalists and the interest of us all in facilitating effective terrorist investigations. It is for the court to strike that balance ... It is for the police to satisfy the court that the balance should be struck in favour of making a production order."

The case was the first brought under Schedule 5 of the Terrorism Act 2000.

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