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Proceeding contribution from Evan Harris (Liberal Democrat) 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

The hon. and learned Gentleman's amendment No. 22 proposes inserting the words"““assess the reasonableness of any fear alleged on the part of the witness or another person””" in clause 4(6). Is that because he does not believe that the ““reasonable fear”” that the clause as drafted refers to is an objective test—it seems to me that it is indeed an objective test for the court to decide—or because of the lack of a requirement for the court to assess it? I would have thought that in order to have regard to such a fear, one would have to assess it. I am therefore not convinced that his amendment adds anything, particularly if the Minister clarifies my understanding when she responds to the debate. Have I missed something in his argument?


Secondary information

Type
Proceeding contribution
Reference
478 c1362-3 
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