ABSTRACT
This chapter discusses the cases on secret 'criminal intelligence' evidence in state court proceedings and consider the degree to which the separation of judicial power limits. The chapter explains the criminal intelligence provisions which is distinct from information subject to public interest immunity and also describes how the High Court has resolved to settle the tension between secrecy and procedural fairness posed by these provisions. The High Court's approach to secret evidence demonstrates that, in considering questions of fairness and constitutional validity, the court will focus narrowly on the independence with which the judge fulfills his or her role. The term 'secret evidence' refers to material adduced in judicial proceedings that is not disclosed to an affected party. This chapter concluded the kinds of criminal intelligence provisions that have come before the High Court and discusses how the High Court has resolved to settle the tension between secrecy and procedural fairness posed by the provisions.
