Proceeding contribution from Maria Eagle (Labour) in the House of Commons on Wednesday, 16 July 2008. It occurred during Debate on bill on Criminal Evidence (Witness Anonymity) Bill.
Criminal Evidence (Witness Anonymity) Bill
They always are, apparently. Let me try to reassure the hon. Member for Cambridge, because he made an important point to which the hon. and learned Member for Harborough also alluded. Where the defendant has told the prosecutor of the witness's real identity for the purpose of making an application for a witness anonymity order under the Bill, the prosecutor will have to consider whether that material is potentially disclosable under the Criminal Procedure and Investigations Act 1996, which the hon. Member for Cambridge has clearly read this afternoon. Under section 3(6) of that Act, the prosecutor already has the power to make an application to the court to withhold such material if it is not in the public interest to disclose it. In practice, we expect that the courts will deal with any prosecutor's duty when it makes the determination in respect of the defendant's application for the witness anonymity order. In practice, over the next few months, we will be in a position to see how that works, and no doubt we will be able to take any action that needs to be taken in the light of that experience when we reconsider the legislation in proceedings on the Law Reform, Victims and Witnesses Bill. I think that I have dealt with the points raised, and I reiterate the fact that we support the Lords amendments.
Secondary information
- Type
- Proceeding contribution
- Reference
- 479 c372
- Session
- 2007-08
- Chamber / Committee
- House of Commons chamber
- Subjects
- Disclosure of information Criminal proceedings Protection Witnesses
- Legislation
- Criminal Evidence (Witness Anonymity) Bill 2007-08
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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