Proceeding contribution from Lord Kingsland (Conservative) in the House of Lords on Tuesday, 15 July 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Criminal Evidence (Witness Anonymity) Bill.
Criminal Evidence (Witness Anonymity) Bill
I am most grateful for the response of the noble Lord, Lord Hunt. Our view is simply that Clause 4(3)(a), even in the context of subsection (6), is, as I said in my opening remarks, too low a test for the court to apply. Indeed, that is true not just of the expression in Clause 4(3)(a) but of the expression in Clause 4(6)(a), which refers not to ““serious injury”” but just to ““injury””. I am grateful to the Minister for agreeing to consider the words ““or financial loss”” at some later legislative stage. It is not hard for me to find examples of serious financial loss. For example, someone may be in possession of a very valuable item belonging to the witness—a picture or an item of furniture—and may threaten either to destroy it or to sell it into the market. I admit that destruction would be covered but not disposal by any other means. Alternatively, the person threatening the witness may owe the witness a great deal of money, which he says he will refuse to pay if the witness gives evidence. In my submission, those are serious considerations.
Secondary information
- Type
- Proceeding contribution
- Reference
- 703 c1133
- Session
- 2007-08
- Chamber / Committee
- House of Lords chamber
- Subjects
- Disclosure of information Criminal proceedings Common law Intimidation Protection Property Magistrates' courts New Zealand Witnesses Trials
- Legislation
- Criminal Evidence (Witness Anonymity) Bill 2007-08
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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