Belief evidence and informer privilege: revisited in Strasbourg

King, Colin (2014) Belief evidence and informer privilege: revisited in Strasbourg. International Journal of Evidence and Proof, 18 (4). pp. 340-352. ISSN 1365-7127

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Belief evidence of a senior police officer is a key tool in the Irish approach to prosecuting terrorist activities. While belief evidence has been subjected to criticism, the use of such evidence has received judicial
imprimatur. Having been endorsed by the Irish Supreme Court in 2006, it was only a matter of time before such evidence would be challenged in the European Court
of Human Rights. Belief evidence was considered by the Strasbourg Court in Donohoe v Ireland, 1 where the focus was on a claim of privilege over the source of a police officer’s belief. In a somewhat timid judgment, the European Court of Human Rights held that the claim of privilege did not render the applicant’s trial unfair.

Item Type: Article
Keywords: Opinion evidence; Unlawful organisation; Innocence-at-stake; Adverse inferences; Corroboration; Disclosure
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Colin King
Date Deposited: 20 Jun 2016 09:10
Last Modified: 12 Aug 2019 14:11

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