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Cases 'at risk' without anonymity Barristers attack anonymity bill
(about 2 hours later)
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 new law to give judges the power to allow anonymous evidence in court cases is "too broad", barristers have warned.
Director of Public Prosecutions Sir Ken McDonald said a number of 580 cases, 50 involving civilians, could be affected. The Bar Council says emergency legislation, being debated by MPs, could lead to too many witnesses appearing in court anonymously.
MPs are about to debate emergency legislation to restore trial judges' powers to grant anonymity to witnesses. Director of Public Prosecutions Sir Ken Macdonald QC says a "large number" of cases could be "at risk" without it.
A Law Lords' ruling that defendants had to know who was testifying against them has led to a £6m trial being halted. He said the Crown Prosecution Service had identified 580 cases that could be 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. The Criminal Evidence (Witness Anonymity) Bill is set to go through all its Commons stages on Tuesday.
Two-year lifespan
It would allow judges to rule that their court can hear evidence anonymously, to protect the safety of witnesses or their property and "to prevent real harm to the public interest".
A Law Lords' ruling last month that defendants had to know who was testifying against them led to a £6m trial being halted.
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 ProsecutionsIf 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
Justice Secretary Jack Straw wants to rush through the new law to prevent hundreds of cases collapsing or convicts appealing on the grounds that there were anonymous witnesses at their trial.
He 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.
But the Bar Council, which represents 17,000 barristers in England and Wales, has handed papers to MPs claiming the bill is "too widely drawn".
And it suggests defence barristers should be added to the list of court staff who could see anonymous witnesses.
Bar Council chairman Tim Dutton QC said: "Where a judge and jury can see the demeanour of a witness but a barrister cross-examining cannot, this vital means of testing prosecution evidence is substantially weakened and in some cases could be undermined."
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.
Undercover officers
The legislation would clarify when a witness anonymity order could be granted in England, Wales and Northern Ireland.The legislation would clarify when a witness anonymity order could be granted in England, Wales and Northern Ireland.
"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. "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," he said.
"Anonymity can, in very many circumstances, be entirely consistent with fair trials." A CPS spokeswoman said 380 cases involving anonymous witnesses are "live" in the courts, including 50 cases where the witness is a member of the public.
But Sir Ken added: "If the law is to be changed, it does need to happen swiftly." Of the rest, 290 are undercover police officers and 40 are other undercover offices, such as security services staff or members of the Serious Organised Crime Agency.
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. It is these 380 cases which are believed to be particularly at risk of collapse if the law is not clarified.
'Trust the judges' 'Carefully drafted'
Another 200 cases involve defendants who have been convicted but not yet sentenced or who have been sentenced but are still within the 28-day period to appeal.
Sir Ken said he believed the bill would lead to fewer applications for anonymity.
"Anonymity in very many cases can be entirely consistent with a fair trial," he said.
But he added: "If the law is to be changed, it does need to happen swiftly, subject to the law being carefully drafted."
The government hopes the bill, which has the backing of opposition parties, will become law before the parliamentary summer recess on 23 July.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. Gun crimes
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. Mr Straw said that the proposed measures - which apply to both defence and prosecution witnesses - were effectively a temporary emergency measure and would be replaced by new legislation next year.
"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."
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 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".