Overview

The Criminal Evidence (Witness Anonymity) Act 2008 allows courts to issue orders protecting the anonymity of witnesses in criminal proceedings. This is done to ensure witnesses' safety and encourage testimony, particularly in cases involving serious threats or public interest concerns.

Description

The Act establishes a framework for granting "witness anonymity orders." These orders can include measures like withholding a witness's name, using pseudonyms, restricting questioning, screening the witness, or modulating their voice. Such orders are permitted only if three conditions are met:

• Condition A: Anonymity measures are necessary to protect witness safety, another person's safety, or prevent serious property damage, or to prevent harm to the public interest.
• Condition B: These measures are consistent with the defendant's right to a fair trial.
• Condition C: The order is necessary in the interests of justice because the witness would not testify otherwise.

The court must consider the defendant's right to know the witness's identity, the witness's credibility, whether their testimony is crucial, and if their identity can be protected by other means. Orders can be discharged or varied if circumstances change. The judge must warn the jury (if present) to avoid prejudice to the defendant. Special provisions apply to service courts (military courts).

Government Spending

The Act does not directly specify government spending figures. The cost will likely relate to increased administrative burden on the courts in managing anonymity orders and related security measures.

Groups Affected

• Witnesses: May benefit from increased protection and safety, potentially leading to greater willingness to testify.
• Defendants: May experience limitations on their right to confront witnesses, potentially impacting their defence. The Act aims to strike a balance between witness protection and defendant's rights.
• Prosecutors: Will have a role in applying for anonymity orders and managing the complexities of such cases.
• Judges and Courts: Will bear the responsibility of assessing applications, issuing orders, and managing the practical implications of protecting witness anonymity.
• Juries: Will receive special warnings to avoid bias resulting from the witness anonymity order.

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