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Report No. 88

8.3. Lord Reid's views as to appeal.-

It may be mentioned that the suggestion for giving a right of appeal to the Government was made by Lord Reid in Conway's case1.

"It is important, however, that the Minister should have a right to appeal before the document is produced. The matter was not fully investigated in the argument before your Lordships, but it does appear that in one way or another there can be an appeal if the document is in the custody of a servant of the Crown or of a person who is willing to co-operate with the Minister. There may be difficulty if it is in the hands of a person who wishes to produce it. That difficulty, however, could occur today, if a witness wishes to give some evidence which the Minister unsuccessfully urges the Court to prevent from being given. It may be that this is a matter which deserves further investigation by the Crown authorities".

1. Conway v. Rimmer, (1968) 1 All ER 874. For later stages, see (1968) 2 All ER 304.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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