R (on the application of Keogh) v Director of Public Prosecutions [2019] EWHC 912 (Admin)

The claimant renewed his application for permission to challenge the failure of the DPP to permit access to CCTV footage introduced at his criminal trial or to the forensic file in those proceedings. The question was in respect of disclosure post-conviction where the claimant sought to challenge that conviction. The Court applied the principles in Nunn [2014] UKSC 37 and considered that the claimant had an alternative remedy by way of an application to the CCRC. The submission that the CCTV may be unreliable could be considered and investigated by the CCRC. The forensic file was requested as the claimant’s experts would need access if they are “to be enabled to supply the new evidence which might undermine the safety of his conviction.” His request is for material that did exist and was used at his trial, the safety net in the case of disputed requests for review lies in the CCRC. Permission was refused.