Youths were accused of a violent disorder in the cenre of Watford. Witnesses feared for their safety and made statements to the police under pseudonyms, and at the committal hearing application was made that they give evidence under these pseudonyms, behind screens and with their voices disguised. The defendants opposed this application and the magistrates’ court ruled that the witnesses should retain their anonymity but that the advocates and legal representatives should be able to see the witnesses. The dfendants now challenged the ruling.
Held: There is jurisdiction at common law to admit incriminating evidence given against the defendant by anonymous witnesses, and it was ‘well established that there may be occasions upon which the interests of justice require that the identity of witnesses should be withheld’.
Judges:
Beldam LJ and Laws J
Citations:
[1993] CLR 388
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, . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 21 May 2022; Ref: scu.242458