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Criminal Evidence (Witness Anonymity) Bill

moved Amendment No. 4E: 4E: Clause 4, page 2, line 39, leave out ““safety of the witness or another person”” and insert ““witness or another person from death or serious injury”” The noble Lord said: The amendment takes us into the territory of Clause 4 in a little more detail. It would recast Clause 4(3)(a), which states: "““Condition A””—" we are back to conditions— "““is that the measures to be specified in the order are necessary … in order to protect the safety of the witness or another person””." It goes on with the subject of my second amendment, "““or to prevent any serious damage to property””." My recollection is that when the Government produced an initial draft of the Bill, they had inserted the words of my own amendment, "““or another person from death or serious injury””." That is the expression used in the New Zealand legislation of 2006. Whether I am correct or incorrect about this, I submit that the correct expression is, "““or another person from death or serious injury””." The expression ““safety of the witness”” is in any case too vague and, moreover, too low a hurdle in the context of Clause 4. Amendment No. 4F refers to the other part of subsection (3)(a), "““or to prevent any serious damage to property””," and adds, ““or serious financial loss””. Amendment No. 7A, the other amendment of real substance to which I shall refer, takes us to Clause 4(6): "““In determining whether the measures to be specified in the order are necessary for the purpose mentioned in subsection (3)(a), the court must have regard (in particular) to any reasonable fear on the part of the witness— (a) that the witness or another person would suffer death or injury, or (b) that there would be serious damage to property””." The noble and learned Baroness may help me on a matter of interpretation here. My concern is that, under the subsection as drafted, there is no sufficient guarantee of objectivity when assessing whether the witness’s fears are reasonable. Therefore, I tabled Amendment No. 7A to make it absolutely clear that the court must assess the reasonableness of any fear alleged on the part of a witness or another person. The noble and learned Baroness may be able to reassure me that that is the effect of subsection (6). However, I should be most grateful if she could clarify it, either in that direction or otherwise. I beg to move.