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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 has hit the question. My reading of the provision in other statute is that the test is objective. The fear is not deemed reasonable because a witness is nervous; rather, there is an objective test of whether the fear of that witness under the circumstances is, in the view of the court, reasonable. However, if the hon. and learned Gentleman, who is more learned than me by definition, feels that that is not clear enough—I think that he is saying that in his amendment—perhaps the Minister can provide some clarity in her response and make it clear that the test is an objective test, exactly as he wishes it to be.


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