The Evidence of Anonymous Witnesses in Criminal Courts: Now and into the Future

Author: Ward, Alan George

Source: Denning Law Journal, 2009 , pp. 67-92(26)

Publisher: University of Buckingham Press

Buy & download fulltext article:

Price: $37.41 plus tax (Refund Policy)

Abstract:

Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships' ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined.

This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subsequently, to weigh up the options for long-term reform in this area of the law. It will be submitted that the stated policy aim of the government, the protection of witnesses, can be achieved for the long-term without impeding or undermining the absolute right of the defendant to a fair trial.

Document Type: Research article

Publication date: 2009-08-13

More about this publication?