header-logo header-logo

10 July 2008
Issue: 7329 / Categories: Legal News , Human rights
printer mail-detail

Witness anonymity Bill rushed through by Straw

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.

Issue: 7329 / Categories: Legal News , Human rights
printer mail-details

MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll