21 July 2008
New laws have been passed to ensure that witnesses who fear for their safety are protected.
The Criminal Evidence (Witness Anonymity) Act, which received Royal Assent today, will restore 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.
The government's response was to introduce emergency legislation, presented to Parliament on 3 July, which, in addition to allowing witnesses to give evidence anonymously, will also ensure that convictions cannot be quashed solely because anonymous evidence was used.
Speaking as the Act received Royal Assent today, the Secretary of State for Justice, Jack Straw said:
'Those who intimidate or threaten witnesses to prevent them testifying must not escape justice.
'This Act will make sure that, where necessary, anonymous evidence can continue to be given so that we can bring the most violent and dangerous criminals to justice.
'It was imperative to legislate immediately but I am well aware of the perils of emergency legislation and for that reasons there is a sunset clause in the Act and we will be subsuming the Act into a Bill to be introduced in the next session of Parliament. This will enable Parliament to consider the experience and drafting of this Act in the interim.
'Producing legislation in such a short space of time from a standing start has involved a huge amount of work by Parliamentarians, officials and lawyers and I am very grateful to them all.'
The Criminal Evidence (Witness Anonymity) Act will:
- clarify the circumstances in which a witness anonymity order can be given to granted
- set out the procedure for courts to follow in ongoing trials which involve testimony by anonymous witnesses
- ensure that those convicted on the basis of anonymous evidence cannot have their conviction quashed solely on the grounds that anonymity was granted.