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Proceeding contribution from Jack Straw (Labour) in the House of Commons on Thursday, 26 June 2008. It occurred during Ministerial statement on Witness Anonymity.


Witness Anonymity

I am grateful to the right hon. Gentleman for what he has said. The issue that he raises is inherent in the problem of whether to grant anonymity. Some categories of witnesses do not raise questions of credibility, such as innocent bystanders—as often happens in gang and gun-related crimes—or undercover police officers. In either case, the defence may still try to challenge their character or credibility, but they are unlikely to succeed. In other cases, crucial evidence that is believed by the jury can come from the mouths of people with a criminal past and probably present, and whose character is certainly open to challenge. That was one of the main issues in the Davis case. The trial judge sought to make, and the Court of Appeal laid down, arrangements by which the nature of the witness's character and antecedents could be brought out, so far as humanly possible without directly identifying him. Warnings were given to the jury, but ultimately the essence of our trial system is that the evidence is put before the jury, with appropriate warnings where necessary, and 12 good people and true—it used to be 12 good men and true—make their judgment. On the whole, and especially with all the other safeguards that we have in place, the system rarely allows for anybody who is innocent to be convicted.


Secondary information

Type
Proceeding contribution
Reference
478 c522-3 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Admissibility of evidence Criminal proceedings Appeals Convictions Common law European Convention on Human Rights House of Lords Intimidation Legislation Judgements Protection Witnesses Trials
Link
View this Proceeding contribution on www.publications.parliament.uk