Jonathan Duffy, instructed by Sonn MacMillan Walker, successfully argues against deployment of closed material procedure in shotgun certificate appeal.

In an Appeal against the refusal of The Chief Constable of South Yorkshire Police to grant a shotgun certificate to DB, the Chief Constable sought to invoke a Closed Material Procedure, pursuant to The Justice and Security Act 2013.

This provision enables a party to civil litigation (usually the State) to withhold what it asserts is information sensitive to national security from being disclosed in legal proceedings.

This is tactic that is being increasingly deployed by Chief Officers in firearm and shotgun certification appeals, in this case enabling the police to decline to provide any of the reasons why the certificate was revoked or not granted.

DB was represented by Jonathan Duffy, who was instructed by Mark Davies of Messers Sonn Macmillan Walker.

The application to invoke the Closed Material Procedure was strongly opposed and following several initial and preliminary hearings before The Crown Court at Sheffield, the police withdrew their application to withhold the material, granted the certificate and returned the shotguns to the appellant.