MINISTRY OF JUSTICE
News Release (076/08) issued by The Government News Network on 3
July 2008
Witnesses who fear
for their safety will continue to be given every possible
protection, Justice Secretary Jack Straw said today as he
presented emergency legislation to Parliament.
The Criminal Evidence (Witness Anonymity) Bill will restore a
trial judge's power to grant a witness anonymity order, after
the House of Lords ruled that legislation was needed to allow the
practice to continue.
Speaking after publication of the Bill, Mr Straw said:
"Allowing witnesses to give evidence anonymously has played
a vital role in bringing the most violent criminals to justice and
it must continue to do so. It has also been essential to act so
swiftly so as not to leave a gap in the public and victims'
protection against serious crime.
"This Bill has been carefully drafted to take full account
of the Lords' judgment."
The legislation will allow courts to hear evidence anonymously
where witnesses are fearful of the consequences of being
identified. However it will not compromise a defendant's
right to a fair trial.
Before this ruling, courts had developed careful and
proportionate measures by which the trial judge could order that
evidence be given in such a way that the identification of certain
key prosecution or defence witnesses was disguised.
The legislation Jack Straw announced today will prevent those
found guilty based on the testimony of anonymous witnesses from
having their convictions quashed, and will ensure that anonymity
can, where applicable, continue to be granted to witnesses in the future.
The Criminal Evidence (Witness Anonymity Bill) will:
* Clarify the circumstances in which a witness anonymity order
can be given to granted;
* Set out the procedure for courts to follow in ongoing trials
which involve testimony by anonymous witnesses;
* Ensure that those convicted on the basis of anonymous evidence
cannot have their conviction quashed solely on the grounds that
anonymity was granted.
Press Notice
http://www.justice.gov.uk