Legal news
Emergency legislation to allow witnesses to give evidence in court anonymously has been rushed before Parliament by justice secretary, Jack Straw.
The Criminal Evidence (Witness Anonymity) Bill will restore a trial judge’s power to grant a witness anonymity order (WAO), after the House of Lords in R v Davis ruled that they breached the right to a fair trial under Art 6 of the European Convention on Human Rights. The law lords said legislation was needed to allow WAOs to continue.
The new law will allow courts to hear evidence anonymously where witnesses are fearful of the consequences of being identified. It will also ensure those convicted on the basis of anonymous evidence cannot have their conviction quashed solely on the grounds that anonymit y was granted. The government claims it will not compromise a defendant’s right to a fair trial but JUSTICE claims the Bill is “misconceived and poorly drafted”. Eric Metcalfe, JUSTICE’s director of human rights policy says: “More money needs to be put into actually protecting witnesses, instead of rushed legislation to conceal their identities.”
Law Society president, Andrew Holroyd, has urged MPs to ensure the legislation is robust enough to prevent witness anonymity becoming a routine request made without good reason.
