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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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