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Chapter 10 Self-test questions
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Chapter 10 Self-test questions
Public interest immunity
Quiz Content
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On which of the following did
Conway v Rimmer
(1968) overrule
Duncan v Cammell Laird
(1942)?
A possible ground o Immunity PII is the proper functioning of the public service
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The court will not look behind an executive claim for PII
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A PII claim may be made on class or contents grounds
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A possible ground of a PII claim is material injurious to diplomatic relations
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incorrect
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An alleged drug dealer was watched from an observation post by police. At the trial he requests details of the post. What should the judge do?
Order disclosure of the details of the post
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Refuse to allow disclosure of the details of the post
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Consider whether disclosure was necessary in order to establish innocence and if so either order disclosure or stop the prosecution
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Follow prosecution demands on disclosure
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Which of the following propositions correctly outlines the approach of the European Court of Human Rights to Public Interest Immunity claims in criminal cases?
Non-disclosure should never be allowed in criminal trials
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The decision on disclosure may be made by the judge or the prosecution
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The decision on disclosure must always be made by the judge
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The decision on disclosure may be made by the executive
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incorrect
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Which of the following propositions can be found in the decision in
R v H; R v C
(2004)?
If there is a real risk of serious prejudice to an important public interest if disclosure is ordered the judge should consider whether the defendant can be protected by special measures
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Special measures may not include limited disclosure, special counsel, a summary of the disputed material
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The judge should not order fuller disclosure even if he considers it necessary if the prosecution would then stay the proceedings
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The judge should review the question of disclosure only at the beginning of the trial
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A mother requested the identity of the person who had made what turned out to be a baseless complaint to the local council about her cruelty to her child, The council claimed public interest immunity. What is likely to be the court's ruling?
The public interest in the need for the flow of informers meant that the disclosure should not be granted
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Public Interest Immunity cannot be claimed by a non-central government body
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Freedom of Information principles meant disclosure should be ordered
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The public interest in maintaining the confidentiality of informers only covered police informers in criminal trials
correct
incorrect
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