The defendants had stood trial at the Central Criminal Court for murder. At the trial a witness anonymised as Miss A was allowed to give evidence anonymously, without revealing her address, behind a screen so arranged that she, the judge, jury and counsel could see each other directly but she and the defendants could not, although there was a video camera which enabled the defendants to see her by that means while she was giving evidence.
Held: The procedure adopted allowed the defendants to be sure that Miss A was no one whom they recognised or who, so far as they were aware, had any motive for giving evidence against them. The court thus considered that any theoretical possibility of prejudice had been eliminated. The court has a power at common law to admit evidence from a witness anonymously.
Judges:
Evans LJ
Citations:
Unreported, 22 July 1994, [1995] Crim LR 254
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin CACD 19-May-2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it.
Held: The . .
Cited – Regina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
Cited – VB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 22 May 2022; Ref: scu.242459