R v Pawsey

Date

13 October 1988

Legislation

Trade Marks Act 1994 s92

Keywords

evidence; prosecution; duties of prosecution

Counsel

Unknown,

Solicitors

Unknown

Judge

Gower J

Court

Central Criminal Court

Reported

[1989] Crim LR 152

Summary

The CPS refused to disclose to a private prosecutor the statements of witnesses who had not given their consent to disclosure. It was held that once a case has been committed for trial, any prosecution is effectively on behalf of the Crown, so that a private prosecutor has the same ordinary general rights and duties of prosecuting counsel instructed by the CPS. However, the CPS is not under a duty to disclose in order to allow the prosecution to decide whether or not to prosecute.