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Proceeding contribution from David Howarth (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

That is a better point, because courts are being asked to judge fear as a way of helping to judge safety. I do not want to take on the role of the Minister, but one answer would be that fear is not the only factor. There are both objective and subjective elements to safety, and fear is a more subjective part than the clause as a whole covers. I remember spending 20 years of teaching law telling my students not to use the words ““objective”” and ““subjective”” until they were at least third-years, because they are inherently confusing.


Secondary information

Type
Proceeding contribution
Reference
478 c1369 
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