House of Commons Public Bill Committee Proceedings

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Session 2007 - 08
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707

House of Commons

Tuesday 8th July 2008

Committee of the whole House

Proceedings

Criminal Evidence (Witness Anonymity) Bill

Clauses 1 and 2 Agreed to.

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

Negatived on division  35

Clause  3,  page  2,  line  26,  leave out subsection (2).

Secretary Jack Straw

Agreed to  40

Clause  3,  page  2,  line  26,  leave out ‘the application’ and insert ‘an application

under this section’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  20

Clause  3,  page  2,  line  27,  leave out ‘prosecutor’ and insert ‘court’.

Secretary Jack Straw

Agreed to  41

Clause  3,  page  2,  line  27,  at end insert—

‘(3)
The court must give every party to the proceedings the opportunity to be heard on

an application under this section.

(4)
But subsection (3) does not prevent the court from hearing one or more parties in

the absence of a defendant and his or her legal representatives, if it appears to the

court to be appropriate to do so in the circumstances of the case.’.

Committee of the whole House Proceedings: 8th July 2008
708

Criminal Evidence (Witness Anonymity) Bill, continued

Mr Douglas Hogg

Not selected  1

Clause  3,  page  2,  line  27,  at end add—

‘(3)
The court must give every party to the proceedings the opportunity to be heard on

the application.

(4)
For the purpose of considering an application for a witness anonymity order the

court may appoint an independent counsel to assist the court, and, without

limiting the directions that the court may make, the court may direct the

independent counsel—

(a)
to inquire into the matters that are set out in sections 4 and 5 and any other

matters that the court may think relevant, and

(b)
to report his findings to the court.

(5)
Where an independent counsel has been appointed, the party who applied for the

witness anonymity order must make available to the independent counsel all

information in relation to the proceeding that is in the party’s possession.

(6)
Where an independent counsel has been appointed, provision shall be made, by

order, for fees for the professional services of the independent counsel together

with reasonable expenses to be determined and paid from money appropriated by

Parliament for the purpose.’.

Mr Douglas Hogg

Not called  2

Clause  3,  page  2,  line  27,  at end add—

‘(3)
The court must give every party to the proceedings the opportunity to be heard on

the application.

(4)
For the purpose of considering an application for a witness anonymity order the

court may appoint an independent counsel to assist the court, and, without

limiting the directions that the court may make, the court may direct the

independent counsel—

(a)
to inquire into the matters that are set out in sections 4 and 5 and any other

matters that the court may think relevant, and

(b)
to report his findings to the court.

(5)
Where an independent counsel has been appointed, the party who applied for the

witness anonymity order must make available to the independent counsel all

information in relation to the proceeding that is in the party’s possession.’.

Dr Evan Harris

Not called  18

Clause  3,  page  2,  line  27,  at end add—

‘(3)
For the purposes of considering an application for a witness anonymity order the

judge may appoint a special advocate to represent the interests of the party not

present.’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  19

Clause  3,  page  2,  line  27,  at end add—

‘(3)
Any application for a witness anonymity order must be made to the court at the

earliest opportunity.’.

Committee of the whole House Proceedings: 8th July 2008
709

Criminal Evidence (Witness Anonymity) Bill, continued

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

Not called  36

Clause  3,  page  2,  line  27,  at end insert—

‘(3)
The application must be heard by the court in chambers and determined on

evidence admissible in a criminal trial.’.

Clause, as amended, Agreed to.

Mr Douglas Hogg

Negatived  3

Clause  4,  page  2,  line  31,  leave out ‘satisfied’ and insert ‘sure’.

Mr Douglas Hogg

Not called  4

Clause  4,  page  2,  line  31,  leave out ‘C’ and insert ‘D’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  21

Clause  4,  page  2,  line  34,  leave out ‘safety of the witness or another person’ and

insert ‘witness or another person from death or serious injury.’.

Mr Douglas Hogg

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  5

Clause  4,  page  2,  line  35,  leave out from ‘property’ to end of line 38.

Mr Douglas Hogg

Not called  6

Clause  4,  page  2,  line  39,  leave out subsection (4) and insert—

‘(4)
Condition B is that the making of the witness anonymity order would not deprive

the defendant of a fair trial.’.

Mr Douglas Hogg

Not called  7

Clause  4,  page  3,  line  1,  after ‘not’, insert ‘, and could not reasonably be expected

to,’.

Mr Douglas Hogg

Not called  8

Clause  4,  page  3,  line  1,  at end insert—

‘(5A)
Condition D is that there is no reason to believe that the witness has a motive or

a tendency to be dishonest, having regard to the circumstances of the case and

(where applicable) to the witness’s previous convictions or the witness’s

Committee of the whole House Proceedings: 8th July 2008
710

Criminal Evidence (Witness Anonymity) Bill, continued

relationship with the accused or any associates of the accused, and to any other

consideration that may be relevant to that issue that the court may think

appropriate.’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  22

Clause  4,  page  3,  line  3,  leave out from ‘must’ to end of line 4 and insert ‘assess the

reasonableness of any fear alleged on the part of the witness or another person.’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  23

Clause  4,  page  3,  line  5,  after second ‘or’, insert ‘serious’.

Dr Evan Harris

Not called  17

Clause  4,  page  3,  line  5,  leave out from ‘injury’ to the end of line 6.

Mr Andrew Dismore

Mark Fisher

Not called  32

Clause  4,  page  3,  line  6,  leave out ‘property’ and insert ‘his property, or the

property of a close relative of his’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  31

Clause  4,  page  3,  line  6,  at end insert ‘or serious financial loss’.

Clause Agreed to.

Mr Douglas Hogg

Not called  9

Clause  5,  page  3,  line  9,  leave out ‘C’ and insert ‘D’.

Mr Douglas Hogg

Not called  10

Clause  5,  page  3,  line  15,  at end insert—

‘(aa)
the principle that witness anonymity orders are justified only in

exceptional cases;

(ab)
the gravity of the offence;

(ac)
whether there is other evidence that corroborates the witness’s evidence;

(ad)
whether the witness’s evidence constitutes the sole or decisive evidence

against the defendant;’.

Committee of the whole House Proceedings: 8th July 2008
711

Criminal Evidence (Witness Anonymity) Bill, continued

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  24

Clause  5,  page  3,  line  15,  at end insert—

‘(aa)
the gravity of the offences alleged in the indictment;

(ab)
the extent to which the evidence of the witness concerned is the only

uncorroborated or central evidence in the prosecution’s case against the

defendant;

(ac)
the importance of the witness’s evidence to the strength of the

prosecution or defence case;

(ad)
the nature and extent of any risk of death or injury to the witness or other

person as assessed by the prosecuting authority;

(ae)
the nature and extent of any protective measures which the prosecuting

authority can offer to the witness or other person to reduce the risk of

death or injury;

(af)
the cost of implementing the protective measures;

(ag)
the likelihood that the witness, and any person associated with him, will

be able to adjust to any change in his circumstances which may arise from

the making of the arrangements or from their variation or cancellation (as

the case may be);

(ah)
where the witness or other person has declined an offer of protective

measures, the reasonableness of his reasons for so declining;

(ai)
whether the interests of justice can be served by the appointment by the

court of a special advocate to assist it in the making of its decision;’.

Secretary Jack Straw

Agreed to  42

Clause  5,  page  3,  line  18,  at end insert—

‘(ba)
whether evidence given by the witness might be the sole or decisive

evidence implicating the defendant;’.

Mr Douglas Hogg

Not called  11

Clause  5,  page  3,  line  22,  leave out paragraph (d).

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

Not called  37

Clause  5,  page  3,  line  27,  at end insert—

‘(da)
whether there is evidence to corroborate the evidence of the witness;’.

David Howarth

Chris Huhne

Tom Brake

Lynne Featherstone

Not called  38

Clause  5,  page  3,  line  27,  at end insert—

‘(da)
whether the evidence of the witness (either alone or in combination with

the evidence of other witnesses subject to an order) is likely to be the sole

or decisive evidence against the defendant;’.

Committee of the whole House Proceedings: 8th July 2008
712

Criminal Evidence (Witness Anonymity) Bill, continued

Dr Evan Harris

Not called  12

Clause  5,  page  3,  line  30,  at end add—

‘( )
whether the circumstances are sufficiently exceptional to justify the making of a

witness anonymity order;’.

Dr Evan Harris

Not called  13

Clause  5,  page  3,  line  30,  at end add—

‘( )
the gravity of the offence;’.

Dr Evan Harris

Not called  14

Clause  5,  page  3,  line  30,  at end add—

‘( )
the importance of the witness’s evidence to the case of the party who wishes to

call the witness;’.

Dr Evan Harris

Not called  15

Clause  5,  page  3,  line  30,  at end add—

‘( )
whether there is other evidence which corroborates the evidence given by the

witness;’.

Dr Evan Harris

Not called  16

Clause  5,  page  3,  line  30,  at end add—

‘( )
the extent to which the prosecution’s case is based solely, or to a decisive extent,

on the testimony of the anonymous witness;’.

Mr Andrew Dismore

Mark Fisher

Not called  33

Clause  5,  page  3,  line  30,  at end add—

(f)
that the order should only be made in exceptional circumstances;

(g)
the gravity of the offence;

(h)
the importance of the witness’s evidence to the case of the party who

wishes to call the witness;

(i)
whether there is other evidence that corobarates the witness’s evidence;

(j)
on an application by the prosecutor, whether his case is based solely or to

a decisive extent on the evidence of the witness.’.

Mr Andrew Dismore

Mark Fisher

Not called  34

Clause  5,  page  3,  line  30,  at end add—

‘(f)
the strength of the evidence, if any, that the defendant was responsible for

the witness’s fear under section 4(6).’.

Clause, as amended, Agreed to.

Committee of the whole House Proceedings: 8th July 2008
713

Criminal Evidence (Witness Anonymity) Bill, continued

Secretary Jack Straw

Agreed to  43

Clause  6,  page  3,  line  35,  leave out ‘section 4’ and insert ‘sections 4 and 5’.

Clause, as amended, Agreed to.

Secretary Jack Straw

Agreed to  44

Clause  7,  page  4,  line  2,  after ‘indictment’, insert ‘with a jury’.

Clause, as amended, Agreed to.

Clause 8 Agreed to.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  29

Clause  9,  page  4,  line  34,  after ‘8’, insert ‘and [Appeal against making or refusal of

order]’.

Clause Agreed to.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  25

Clause  10,  page  5,  line  8,  leave out ‘could’ and insert ‘would’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  26

Clause  10,  page  5,  line  10,  leave out ‘could’ and insert ‘would’.

Nick Herbert

Mr Edward Garnier

Mr Nick Hurd

Not called  27

Clause  10,  page  5,  line  24,  leave out ‘could’ and insert ‘would’.

Clause Agreed to.