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Barristers attack anonymity bill Barristers attack anonymity bill
(9 minutes later)
A new law to give judges the power to allow anonymous evidence in court cases is "too broad", barristers have warned. Plans to give judges the power to allow anonymous evidence in court cases are "too broad", barristers have warned.
The Bar Council says emergency legislation, being debated by MPs, could lead to too many witnesses appearing in court anonymously. The Bar Council says emergency legislation, which passed unopposed by MPs, could lead to too many witnesses appearing in court anonymously.
Director of Public Prosecutions Sir Ken Macdonald QC says a "large number" of cases could be "at risk" without it. Director of Public Prosecutions Sir Ken Macdonald QC said a "large number" of cases could be "at risk" without it.
He said that the Crown Prosecution Service had identified 580 cases that could be affected.He said that the Crown Prosecution Service had identified 580 cases that could be affected.
The Criminal Evidence (Witness Anonymity) Bill is set to go through all its Commons stages on Tuesday. 'Public interest'
Two-year lifespan The Criminal Evidence (Witness Anonymity) Bill received unopposed second and third readings, clearing the Commons in one day.
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". Its Lords second reading debate is due on Thursday.
If passed by Parliament, the bill 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.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. 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 are 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.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 were threatened if they give evidence, he said. This was particularly relevant in cases involving guns, drugs and gangs, where families, properties and neighbourhoods were threatened if they give evidence, he said.
He told MPs: "The identity of the witness is known to the judge and the mechanical disguising of the voice is for the defendant and his representatives - but the jury can see the witness." Mr Straw told MPs: "The identity of the witness is known to the judge and the mechanical disguising of the voice is for the defendant and his representatives - but the jury can see the witness."
Shadow justice secretary Nick Herbert said while his party would back the measures, they should only be used "out of necessity to secure justice, not out of convenience to secure a conviction".Shadow justice secretary Nick Herbert said while his party would back the measures, they should only be used "out of necessity to secure justice, not out of convenience to secure a conviction".
Fair trialFair trial
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". 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. 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."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," he said. A Crown Prosecution Service spokeswoman said 380 cases involving anonymous witnesses were "live" in the courts, including 50 cases where the witness was a member of the public.
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. 'Entirely consistent'
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. Sir Ken Macdonald said he believed the bill would lead to fewer applications for anonymity.
It is these 380 cases which are believed to be particularly at risk of collapse if the law is not clarified.
'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."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."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.
Gun crimes The Scottish government has said it is "consulting closely" with the Ministry of Justice to see if similar provisions would be required in Scotland.
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.
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".
The bill received an unopposed second reading and an unopposed third reading, clearing the Commons in one day.
Its Lords second reading debate is due on Thursday.