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10 July 2008
Issue: 7329 / Categories: Legal News , Human rights
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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
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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