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Witness law to be debated by MPs Cases 'at risk' without anonymity
(about 4 hours later)
MPs are to debate emergency legislation to restore trial judges' powers to grant anonymity to witnesses. A "large number" of court cases could be "at risk" if judges do not have the power to grant anonymity to witnesses, MPs and peers have been told.
A Law Lords' ruling on 18 June that defendants needed to know who was testifying against them has already led to one £6m trial being halted. Director of Public Prosecutions Sir Ken McDonald said a number of 580 cases, 50 involving civilians, could be affected.
The legislation would clarify when a witness anonymity order can be granted in England, Wales and Northern Ireland. MPs are about to debate emergency legislation to restore trial judges' powers to grant anonymity to witnesses.
The Law Society says the measure is being rushed and should only apply in the most serious cases. A Law Lords' ruling that defendants had to know who was testifying against them has led to a £6m trial being halted.
But Justice Secretary Jack Straw says the Criminal Evidence (Witness Anonymity) Bill is designed to prevent trials from being delayed and more than 500 cases being adversely affected. Ahead of the MPs' debate, Sir Ken told a joint committee on human rights he was satisfied the emergency legislation was not only necessary, but also ensured defendants had a fair trial.
Gang crimes If the government doesn't respond, I think the likelihood is a large number of the 580 cases, including the 50 involving civilians, will be at risk Sir Ken McDonaldDirector of Public Prosecutions
Sir Ken McDonald QC, the Director of Public Prosecutions, is set to give evidence on witness anonymity at a joint committee on human rights session ahead of the debate on Tuesday. The legislation would clarify when a witness anonymity order could be granted in England, Wales and Northern Ireland.
The government hopes that the bill, which has the backing of opposition parties, will then go through all its stages in Parliament. "We now have a clear judgement from the highest court and if the government doesn't respond, I think the likelihood is a large number of the 580 cases, including the 50 involving civilians, will be at risk," Sir Ken said.
The government hopes it will become law before the parliamentary summer recess on 23 July. "Anonymity can, in very many circumstances, be entirely consistent with fair trials."
Mr Straw told Sky News the Crown Prosecution Service (CPS) had calculated that 580 cases "would be adversely affected if we did not carry on allowing for anonymous evidence". But Sir Ken added: "If the law is to be changed, it does need to happen swiftly."
He said a balance had to be struck between a defendant's right to a fair trial and the prevention of witness intimidation. Justice Secretary Jack Straw said the Criminal Evidence (Witness Anonymity) Bill, which is set to go through all its parliamentary stages on Tuesday, is designed to prevent trials from being delayed and more than 500 cases being adversely affected.
'Trust the judges'
The government hopes the bill, which has the backing of opposition parties, will become law before the parliamentary summer recess on 23 July.
Mr Straw said a balance had to be struck between a defendant's right to a fair trial and the prevention of witness intimidation.
This was particularly relevant in the case of witnesses to crimes involving guns, drugs and gangs, whose families, properties and neighbourhoods are threatened if they give evidence, he said.This was particularly relevant in the case of witnesses to crimes involving guns, drugs and gangs, whose families, properties and neighbourhoods are threatened if they give evidence, he said.
'Exceptional' cases "We have got to trust the judges," he told Sky News. "They have been operating this system under common law for the last 16 years or so and there has been remarkably few complaints about it."
"We have got to trust the judges," he said. "They have been operating this system under common law for the last 16 years or so and there has been remarkably few complaints about it."
The legislation would ensure that those already convicted on the basis of anonymous evidence could not have their conviction quashed solely on the grounds that anonymity was granted.The legislation would ensure that those already convicted on the basis of anonymous evidence could not have their conviction quashed solely on the grounds that anonymity was granted.
'Exceptional cases'
The proposed measures apply to both defence and prosecution witnesses.The proposed measures apply to both defence and prosecution witnesses.
Police have warned that up to 40 trials may be affected by the Lords' ruling.
The Scottish government has said it was "consulting closely" with the Ministry of Justice to see if similar provisions would be required in Scotland.The Scottish government has said it was "consulting closely" with the Ministry of Justice to see if similar provisions would be required in Scotland.
But the Law Society said it was "concerned that the urgent nature of this bill does not override the requirement for proper consideration of the important issues involved in relation to witness anonymity".But the Law Society said it was "concerned that the urgent nature of this bill does not override the requirement for proper consideration of the important issues involved in relation to witness anonymity".
It says Witness Anonymity Orders (WAO) should "only be used in the most serious and exceptional cases".It says Witness Anonymity Orders (WAO) should "only be used in the most serious and exceptional cases".