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Criminal Evidence (Witness Anonymity) Bill

Surely the problem is that condition C requires the judge to be satisfied that the witness would not testify if the order were not made. The question for the judge to decide is what standards he should apply if a witness will not testify, and whether it is reasonable for him not to testify. Under subsection (6), regard must be had to any fear on his part that he will suffer death or injury. I commend amendment No. 7, tabled by my right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg). If the wording of clause 4(5)(b) were replaced by the words ““the witness could not reasonably be expected to testify if the order were not made””, we could import the objective element without needing to amend subsection (6). Others may have more sophisticated thoughts on the subject.