Regina v Powar (Harbinder) Regina v Powar (Kulwinder)
Court of Appeal
“Anonymous witnesses must not routinely be called in the prosecution of serious crime, but now that the intimidation of witnesses had become an ugly feature of contemporary life, witness anonymity orders should not be confined to cases of terrorism or gangland killings.”
Times Law Reports, 24th April 2009
Source: www.timesonline.co.uk
“Plans to give young, vulnerable witnesses better support and encourage more witnesses to come forward with evidence of crimes have today been published by Justice Minister Maria Eagle.”
Ministry of Justice, 25th February 2009
Source: www.justice.gov.uk
“The Financial Services Authority (FSA) will be given formal powers to grant immunity to witnesses in criminal investigations under new Government proposals.”
The Times, 15th January 2009
Source: www.timesonline.co.uk
“Modernisation of the coroners system and better protection for witnesses during criminal investigations were amongst the new measures announced by Justice Secretary Jack Straw in Parliament today when he published the Coroners and Justice Bill.”
Ministry of Justice, 14th January 2009
Source: www.justice.gov.uk
“A man accused of robbing a driving instructor has been found not guilty after a judge found that his alleged victim was ‘too believable’ in her evidence.”
Daily Telegraph, 13th January 2009
Source: www.telegraph.co.uk
“In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral evidence in the proceedings.”
WLR Daily, 16th December 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Emergency laws to protect the anonymity of witnesses do not allow them to have their evidence read out in their absence, appeal judges have ruled.”
BBC News, 13th December 2008
Source: www.bbc.co.uk
“The judge presiding over the public inquiry into the death of Baha Mousa, the Iraqi hotel receptionist killed while in the custody of British troops in Basra, made clear today that he intended to question every soldier who witnessed the incident, whether or not they were directly responsible.”
The Guardian, 20th November 2008
Source: www.guardian.co.uk
“Police forces in England, Wales and Northern Ireland are being urged to review their witness protection schemes to help combat ‘honour crimes’.”
BBC News, 22nd October 2008
Source: www.bbc.co.uk
“Witnesses giving evidence to an inquiry into the death of Iraqi Baha Mousa have been told they will not have it used against them in criminal proceedings.”
BBC News, 15th October 2008
Source: www.bbc.co.uk
Court of Appeal
“It was preferable for crown court judges to direct police officers not to execute a warrant for the arrest except at the crown court, of a witness who had failed to appear in response to a summons, if satisfied that if the witness was going to attend voluntarily or was going to accompany them, or at least to back the warrant for bail.”
The Times, 10th September 2008
Source: www.timesonlineco.uk
Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.
“The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”
WLR Daily, 31st July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Van Colle and Another v Chief Constable of Hertfordshire Constabulary
House of Lords
“The test for considering whether the state had violated its obligation to protect life under article 2 of the European Convention on Human Rights was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”
The Times, 1st August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”
The Independent, 30th July 2008
Source: www.independent.co.uk
“Law Lords are expected to rule later on whether a police force breached the human rights of a witness who was murdered before he could give evidence.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
“Tighter rules on when witnesses can claim anonymity in court were issued yesterday to ensure that trials are not undermined because defendants do not know the identity of witnesses.”
The Times, 22nd July 2008
Source: www.timesonline.co.uk
Criminal Evidence (Witness Anonymity) Act 2008 published
Full text of Act (PDF)
Source: www.opsi.gov.uk
“Emergency legislation to allow witnesses in sensitive criminal trials to give evidence anonymously has cleared Parliament.”
BBC News, 16th July 2008
Source: www.bbc.co.uk
“On the 18th June the House of Lords handed down their opinions
IN THE CAUSE
R v Davies (Appellant) (On appeal from the Court of Appeal (Criminal Division))
I quote from the speech of Lord Bingham, the senior law lord at paragraph 5 : ‘It is a long-established principle of the English common law that, subject to certain exceptions and statutory qualifications, the defendant in a criminal trial should be confronted by his accusers in order that he may cross-examine them and challenge their evidence.’
Today I am talking to Andrew Keogh, a barrister, published author and author of the White Rabbit blog about the case and the proposed anonymity legislation”
Charon QC, 10th July 2008
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
“The memories of witnesses are flawed, marred by gaps or inventions and should not be relied upon in court cases, researchers say.”
The Times, 11th July 2008
Source: www.timesonline.co.uk
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