Proceeding contribution from Elfyn Llwyd (Plaid Cymru) in the House of Commons on Tuesday, 8 July 2008. It occurred during Debate on bill and Committee of the Whole House (HC) on Criminal Evidence (Witness Anonymity) Bill.
Criminal Evidence (Witness Anonymity) Bill
I have listened to what has been said, and I agree that we need to act. We cannot allow the situation to remain in limbo. Everybody across the House understands that. I am not party to the discussions of the usual channels. I was once a Whip, but that does not mean that I got involved in their murky dealings and black arts. Having said that, the point was well made that we are not dealing with the wrongful prosecution of a dog owner whose dog is of a slightly different breed to those listed in an Act that was rushed through. We are dealing with people's liberty. We are dealing with the right to a fair trial, and we are dealing with a defendant's right to be confronted by his accuser. As a practitioner, it is sometimes vital that one knows who the accuser is, because one may know something about the accuser that renders the accuser's evidence unreliable. If that is the case, one defends one client with all one's vigour, and one ensures that that person's character is brought into question thoroughly and without exception. However, from my reading of the Bill, it is not possible to do so in this instance. People who are far more learned than me are concerned about the matter. I read the New Zealand statute, largely because the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) suggested that I do so, but I am extremely concerned about this measure. If it is to be restricted to a small minority of cases—as I hope it will be—we can accept that, because overall, the judge will decide on the fairness of the process.
Secondary information
- Type
- Proceeding contribution
- Reference
- 478 c1298
- Session
- 2007-08
- Chamber / Committee
- House of Commons chamber
- Subjects
- Disclosure of information Admissibility of evidence Criminal proceedings Appeals Crime Common law Evidence Human rights European Convention on Human Rights House of Lords Intimidation Judgements Protection Sentencing Witnesses Trials Sunset clauses
- Legislation
- Criminal Evidence (Witness Anonymity) Bill 2007-08
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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