Confidentiality

Question 1

Section 76, Evidence Act
(Jury deliberations)

Answer 1

A person must not give evidence about the deliberations of a jury.

Evidence may only be given if a Judge is satisfied that the circumstances are so exceptional that there is sufficiently compelling reason to allow the evidence to be given. Judge must weigh up -

(a) public interest in protecting the confidentiality, and
(b) public interest in ensuring that justice is done

Question 2

Section 68, Evidence Act 2006
(Protection of Journalist sources)

Answer 2

Where a journalist promises an informant not to disclose the informant’s identity, neither the journalist nor his employer is compellable to answer any question or produce any document that would disclose his identity

Can only be overturned by a High Court Judge ruling (public interest outweighs confidentiality of informer)

Question 3

Section 69, Evidence Act 2006
(Overriding discretion - confidential information)

Answer 3

This section allows the Judge to prevent disclosure of confidential information after weighing up various factors to determine if the public interest justifies protection of the material.

Even where the person does not wish to preserve the confidence.

Question 4

Judge considerations - section 69

Answer 4

(a) likely extent of harm that may result from disclosure
(b) nature of the communication or information and the importance of it in the proceeding
(c) nature of the proceeding
(d) availability of means of preventing or restricting public disclosure of the evidence, if the evidence is given
(f) sensitivity of the evidence, with regard to -
(i) time that has elapsed since comms/information made
(ii) extent to which the information has already been disclosed to others
(g) society’s interest in protecting the privacy of victims of offences