Where a miscarriage of justice arising from non-disclosure of a police informant's status has been conceded, the additional production of informant records relating to other matters requires the applicant to establish a legitimate forensic purpose beyond the conceded misconduct. The difference between serious and very serious police misconduct is of marginal importance to the retrial/acquittal discretion. The DPP's legal professional privilege does not extend to material in prosecutor-instructing officer communications that is reasonably capable of assisting the defence.
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