|
| |
| | |
| |
|
|
Criminal Evidence (Witness Anonymity) Bill |
|
[The page and line references are to HL Bill 76, the bill as first printed for the Lords.] |
|
|
|
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 |
|
| | |
| | | to any other party to the proceedings or his or her legal |
|
| | |
| | (1B) | Where an application is made by the defendant, the defendant— |
|
| | (a) | must inform the court and the prosecutor of the identity of the |
|
| | |
| | (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 |
|
| | |
| | | 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). |
|
| |
| | |
