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UK lawyers suspicious of anonymous evidence
Toronto News.Net
Tuesday 8th July, 2008
UK lawyers have warned about the broadly based plans to allow anonymous evidence in court cases.
The UK Bar Council has said legislation, currently in play, could lead to too many witnesses appearing in court anonymously.
However, the Crown Prosecution has said holding back the legislation would risk 580 cases.
The Witness Anonymity Bill cleared the House of Commons swiftly and will now be debated in the House of Lords.
If passed, the bill would allow judges to rule that their court can hear evidence anonymously, to protect the safety of witnesses.
Last month an expensive trial was halted after anonymous evidence was being given.
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 the government was trying to strike a balance between a fair trial and the prevention of witness intimidation, particularly in cases involving guns, drugs and gangs.
The Bar Council, which represents 17,000 barristers in England and Wales, has complained defence barristers are unable to see anonymous witnesses, leading to an inability to assess the demeanour of the prosecution witness.
The judge, jury and prosecutor can observe the demeanour of a witness, but a barrister cross-examining cannot.
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