Criminal Evidence (Witness Anonymity) Act 2008

Anonymous witness

The purpose of this Act is to put on a statutory footing a power for the courts to grant witnesses anonymity orders in criminal proceedings where this is consistent with the right of a defendant to a fair trial.

In particular, the Act:

  • makes provision for any party to criminal proceedings to apply for a witness anonymity order, so either the prosecution or a defendant may apply
  • sets out the conditions which must be satisfied before a court can make a witness anonymity order and the considerations the court must have regard to when deciding whether to make an order
  • sets out an indicative list of the kinds of special measures that the courts may apply in order to protect the identity of an anonymous witness, for example, the use of screens and voice distortion
  • makes transitional provisions in respect of the trials under way when the Act comes into force and in respect of the hearing of appeals against convictions secured on the basis of anonymous evidence before the passing of the Act.

This Act follows the House of Lords judgment in R v Davis [2008] UKHL 36 handed down on 18 June 2008. That appeal concerned the use of anonymous witness evidence at trial, which is governed by the common law. The effect of the judgment is to restrict the courts' ability at common law to allow evidence to be given anonymously during criminal trials.

The Bill was introduced in the House of Commons on 3 July 2008.

The Bill, supporting documents and details of its progress through parliament have been published on the UK Parliament website.

The Criminal Evidence (Witness Anonymity) Act received Royal Assent on 21 July 2008.

Related documents

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