ASSN.
A
B
C
D
E
F
G
H
inconsistent with the prosecution case and the failure to
disclose that evidence constituted bad faith.
As to a duty of disclosure, as opposed to a duty to act in
good faith, the statutory provisions are silent.
In
considering whether it is right to imply a duty of disclosure
enforceable by judicial review, it is as well to have in mind
the general guidance given by Lord Reid in his speech in Wiseman
v. Bornemann [1971] AC 297 at p.308:
"Natural justice requires that the procedure before any
tribunal which is acting judicially shall be fair in all the circumstances, and I would be sorry to see this fundamental general principle degenerate into a series of hard-and-fast rules. For a long time the courts have, without objection from Parliament, supplemented procedure laid down in legislation where they have found this to be necessary for this purpose. But before this unusual kind of power is exercised it must be clear that the statutory procedure is insufficient to achieve justice and that to require additional steps would not frustrate the apparent purpose of the legislation."
It
Applying that guidance to the present situation, it is
possible to imagine circumstances where there could be grave
unfairness which would certainly justify the interference of the
court by way of judicial review not covered by section 11.
is no doubt for this reason that the legislation itself
expressly makes clear that the statutory application for habeas
corpus is not to be the only remedy available to a person who is
the subject of a committal order. However the legislation also
indicates that the primary obligation of the requesting state in
the case of an application of this sort is to do no more than
establish a prima facie case. If it establishes a prima facie
case, then in the ordinary circumstances a committal order
follows automatically. It is true that the legislation also
contemplates that the person whose committal is sought should
have an opportunity to present his case. It is also right, as
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