The court upheld the decision of the Common Sergeant, sitting at the Central Criminal Court, that screens should be erected to enable children who had been treated indecently to give evidence screened from the defendant. The judge was required to see that: ‘the system operates fairly; fairly not only to the defendant, but also to the prosecution and also to the witnesses. Sometimes he has to make decisions as to where the balance of fairness lies. . . We do not need authority to confirm us in the view that what the judge did here in his discretion was a perfectly proper, and indeed a laudable attempt to see that this was a fair trial to all, the defendants, the Crown, and indeed the witnesses.’
Citations:
(1990) 91 CAR 36, (1989) 91 Cr App R 36
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: 01 May 2022; Ref: scu.242456
