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Criminal Evidence (Witness Anonymity) Bill

The Criminal Procedure Rules now deal with rules in relation to all courts, so I am sure that these issues will be looked at. My reasonable expectation is that it will be the rare case that is likely to be dealt with in the magistrates’ court; perhaps a control order case, et cetera. The noble Lord will know that quite often in those cases we already have special counsel for other reasons. I do not think in the ordinary case that that would happen, but in those special cases that might need to be dealt with, it would probably be covered. I believe that we have a basis to go forward immediately because of Rule 3.5 and the case management. I would remind the Committee that in the case of Davis the court had the benefit in the Court of Appeal of special counsel because it was considered to be merited. It is unfortunate that no reference appears to have been made to that facility having been given to the Court of Appeal and it is not referred to in the House of Lords’ Judicial Committee’s judgment. I sincerely hope that it was aware of that benefit when it made its judgment.