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Criminal Justice: Witness Anonymity

My Lords, I am grateful to the noble and learned Lord for his comments. On the question of appeals, I want to make it clear that the Bill will contain measures to preserve the Appeal Court’s ability to quash convictions where the imposition of anonymity measures have, on the facts of the case, violated the defendant’s right to a fair trial. I hope that clears that matter up. The Government of course respect and take seriously this judgment of the House of Lords; that is why I am making this Statement today and why the Government will bring legislation into your Lordships’ House in the near future. However, it is also fair to say that witness anonymity has proven a successful development in the face of the undoubted fear that many witnesses have had about giving evidence when they may have felt their lives would come under threat. The Court of Appeal has been clear in its judgments that anonymity is not inconsistent with the right to a fair trial provided the need is clearly established, cross-examination is permitted and the trial must be fair. However, the Law Lords have now ruled differently. As I said, the Government respect that judgment. That is why we are taking this action.