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Proceeding contribution from Lord Garnier (Conservative) 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 cannot tell what the hon. Gentleman may or may not have missed, but, as far as I am concerned, when the Bill says that the court"““must have regard (in particular) to any reasonable fear on the part of the witness””," it is simply providing a non-exclusive list of things that the court must have regard to. The reasonable fear on the part of the witness might be a reasonable fear in the mind of that witness, but it is not necessarily a reasonable fear in the mind of an objective assessor. Someone can have a fear that is subjectively reasonable to the person with that apprehension, whereas a third party, coming from the outside and assessing it, may find that it is an honest fear, but not a reasonable one.


Secondary information

Type
Proceeding contribution
Reference
478 c1363 
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