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LORDS amendments to the

Criminal Evidence (Witness Anonymity) Bill

[The page and line references are to HL Bill 76, the bill as first printed for the Lords.]

Clause 3

1

Page 2, line 26, leave out subsection (2) and insert—

 

“(1A)    

Where an application is made by the prosecutor, the prosecutor—

 

(a)    

must (unless the court directs otherwise) inform the court of the

 

identity of the witness, but

 

(b)    

is not required to disclose in connection with the application—

 

(i)    

the identity of the witness, or

 

(ii)    

any information that might enable the witness to be

 

identified,

 

    

to any other party to the proceedings or his or her legal

 

representatives.

 

(1B)    

Where an application is made by the defendant, the defendant—

 

(a)    

must inform the court and the prosecutor of the identity of the

 

witness, but

 

(b)    

(if there is more than one defendant) is not required to disclose in

 

connection with the application—

 

(i)    

the identity of the witness, or

 

(ii)    

any information that might enable the witness to be

 

identified,

 

    

to any other defendant or his or her legal representatives.

 

(1C)    

Accordingly, where the prosecutor or the defendant proposes to make an

 

application under this section in respect of a witness, any relevant material

 

which is disclosed by or on behalf of that party before the determination of

 

the application may be disclosed in such a way as to prevent—

 

(a)    

the identity of the witness, or

 

(b)    

any information that might enable the witness to be identified,

 

    

from being disclosed except as required by subsection (1A)(a) or (1B)(a).

 
 
Bill 14054/3

 
 

2

 
 

(1D)    

“Relevant material” means any document or other material which falls to

 

be disclosed, or is sought to be relied on, by or on behalf of the party

 

concerned in connection with the proceedings or proceedings preliminary

 

to them.”

2

Page 2, line 32, at end insert—

 

“( )    

Nothing in this section is to be taken as restricting any power to make rules

 

of court.”


 
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