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Criminal Evidence (Witness Anonymity) Bill

moved Amendment No. 10: 10: After Clause 8, insert the following new Clause— ““Code of practice (1) The Lord Chancellor must adopt and publish, within 84 days of the passing of this Act, a code of practice which shall set out— (a) the steps which must be taken by a party making an application under section 3 to investigate any matter which might reasonably affect the credibility of the witness or demonstrate partiality or motivation upon the part of the witness not to tell the truth; (b) the nature of any information to be given to such a witness regarding the circumstances in which an application might be made for an order under section 3 of this Act; and (c) the nature and contents of records which must be kept relating to such an investigation. (2) When deciding whether or not to grant an order under this Act, and in deciding upon what measures to include in such an order, the court must take into account the degree to which the party applying for the order has complied with his or her responsibilities under the code of practice and any effect which non-compliance may have upon the ability of the court, the jury or the parties to have adequate information upon which to assess the witness.”” The noble Lord said: This amendment raises the issue of a code of practice, which should be published within 84 days, setting out what steps a party making an application has to take, "““to investigate any matter which might reasonably affect the credibility of the witness or demonstrate partiality or motivation upon the part of the witness not to tell the truth … the nature of any information to be given; and … the nature and contents of records which must be kept relating to such an investigation””." It is proposed that when the judge comes to decide whether an order should be made, he takes into account whether the party applying for the order has complied with those responsibilities. We are returning to the issues that were graphically outlined by the noble Lord, Lord Elystan-Morgan, about a judge having material on which to exercise his judgment and discretion. The closer we can get to that, so that the judge can make an informed decision, the better. I do not intend to extend my submissions on this amendment. I beg to move.