Judges rule on witness anonymity
Emergency laws to protect the anonymity of witnesses do not allow them
to have their evidence read out in their absence, appeal judges have
ruled.
The Lord Chief Justice Lord Judge said the Court of Appeal was unable to
say that anonymity extended to "hearsay" statements of absent witnesses.
The legislation was introduced in July after Law Lords ruled defendants
had the right to face their accusers.
The government said it was committed to ensuring witnesses felt safe.
Trial collapse
Lord Judge said the "stark reality" was that the 2008 Criminal Evidence
(Witness Anonymity) Act did not deal with the problem of those people
who were too frightened even to attend court.
He said the Court of Appeal was effectively being asked to re-write the
act - something which should be done by Parliament.
In their ruling in June, the Law Lords argued it was a fundamental
principle of English law that the accused should be able to see their
accusers and challenge them.
The ruling led to the collapse of a £6m murder trial at the Old Bailey,
which is to be retried next year.
At the time the Crown Prosecution Service identified about 580 cases
involving anonymous evidence which could have be threatened by the
ruling.
Judge's power
The government introduced the legislation as a stop-gap to allow
witnesses in sensitive criminal trials to continue to give evidence
anonymously.
Lord Judge was heading a panel of five judges specially convened to lay
down guidelines on how the new act should be applied.
A Ministry of Justice spokeswoman said: "The government is committed to
ensuring that witnesses are able to give evidence safely and without
fear of reprisal, particularly in gang and gun crime.
"The 2008 Criminal Evidence (Witness Anonymity) Act ensures where
necessary, anonymous evidence can continue to be given so that we can
bring the most violent and dangerous criminals to justice.
"The act restored a trial judge's power to grant witnesses anonymity,
after the House of Lords ruled that further legislation was needed for
the practice to continue and referred the issue to Parliament."
Story from BBC NEWS:
http://news.
Published: 2008/12/13 00:41:54 GMT
Saturday 13 December 2008
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