We welcome report on vulnerable witness handling – Bar Standards Board

“We have welcomed a report by the Advocacy Training Council entitled ‘Raising the Bar: Handling of vulnerable witnesses, victims and defendants in court’.”

Full press release

Bar Standards Board, 14th April 2011

Source: www.barstandardsboard.org.uk

Ali Dizaei witness is arrested on suspicion of fraud – The Guardian

“The man whose evidence led to the jailing of a police chief has been arrested on suspicion of fraud days before the crown will try to convince judges that he is still a reliable witness, the Guardian has learned.”

Full story

The Guardian, 20th March 2011

Source: www.guardian.co.uk

Crime victims’ advocate network to be established – BBC News

“Victims of crime – and witnesses to it – in England and Wales are to be given a ‘louder voice’ thanks to a £1m government initiative.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Werynski v Mediatel 4B spólka z o o – WLR Daily

Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50

“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”

WLR Daily, 21st February 2011

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.

Ex parte MGN Ltd and others – WLR Daily

Ex parte MGN Ltd and others [2011] WLR (D) 17

“It was rarely appropriate to impose blanket reporting restrictions under section 4(2) of the Contempt of Court Act 1981 for the purpose of ameliorating the disadvantages of giving evidence and minimising the burdens faced by witnesses in criminal trials. The protection of witnesses was more appropriately provided for by the provisions of section 39 of the Children and Young Persons Act 1933 and sections 22–30 of the Youth Justice and Criminal Evidence Act 1999.”

WLR Daily, 26th January 2011

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.

Stirland case coroner calls for witness reforms – BBC News

“Police should review witness protection protocols, a coroner has said in her report into the gangland killings of a Lincolnshire couple.”

Full story

BBC News, 10th August 2010

Source: www.bbc.co.uk

Bolton firebomb threat man bailed and on the run again – BBC News

“Prosecutors are under fire for not challenging the bail of a man who admitted witness intimidation only for him to go on the run for a second time.”

Full story

BBC News, 28th June 2010

Source: www.bbc.co.uk

Regina v Brewster – WLR Daily

Regina v Brewster  [2010] EWCA Crim 1194; [2010] WLR (D) 159

“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”

WLR Daily, 25th June 2010

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.

Bloody Sunday inquiry: too much, too late – The Guardian

“Lord Saville could have completed his inquiry into Bloody Sunday more quickly and cheaply if he had stuck to his remit.”

Full story

The Guardian, 17th June 2010

Source: www.guardian.co.uk

Regina v Miller – WLR Daily

Regina v Miller [2010] EWCA Crim 1153; [2010] WLR (D) 142

“In criminal proceedings, the circumstances in which one party would be permitted pursuant to s 100(1) of the Criminal Justice Act 2003 to ask a witness a question in cross-examination with a view to eliciting an answer implicating that witness in bad behaviour, which behaviour that party would be otherwise unable to prove, were infrequent and limited in scope.”

WLR Daily, 3rd June 2010

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.

Regina v Braithwaite – WLR Daily

Regina v Braithwaite [2010] EWCA Crim 1082; [2010] WLR (D) 141

“Material contained in police crime reports that unproven allegations had been made against a person who was someone other than a defendant, or that that person had been investigated in respect of an offence, would rarely be of substantial probative value to an issue at trial sufficient to render it admissible as evidence of bad character against that person pursuant to s 100(1)(b) of the Criminal Justice Act 2003.”

WLR Daily, 3rd June 2010

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.

Jim Watts is serving 12 years for abusing disabled women but is he a victim of a miscarriage of justice? – The Guardian

“Jim Watts, 57, a former disability bus driver, is serving a 12-and-a-half year jail sentence for sexually assaulting four severely mentally and physically disabled women.But there are serious concerns, raised by his legal team, that Watts, a married father of two, has been the victim of a gross miscarriage of justice, and that his case could serve as a significant deterrent to people thinking of working with severely disabled people.”

Full story

The Guardian, 2nd June 2010

Source: www.guardian.co.uk

Man jailed for brutal drug murder – The Independent

“A drug addict was sentenced to life in prison today for murdering a ‘vulnerable’ and ‘much loved’ father-of-three in a ‘vicious and brutal’ attack.”

Full story

The Independent, 13th May 2010

Source: www.independent.co.uk

Regina v Cooper (John) – WLR Daily

Regina v Cooper (John) [2010] EWCA Crim 979; [2010] WLR (D) 115

“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”

WLR Daily, 7th May 2010

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.

Carey’s intervention backfires – The Guardian

“As a lawyer, I can recognise Lord Laws’ judgment in the McFarlane case as stinging rebuke to Lord Carey.”

Full story

The Guardian, 30th April 2010

Source: www.guardian.co.uk

Contract killers get life after trial which changed witness anonymity law – Daily Telegraph

“Two contract killers are beginning life sentences for murder following a trial which caused Parliament to bring in a new law on witness anonymity.”

Full story

Daily Telegraph, 31st March 2010

Source: www.telegraph.co.uk

Allison v HM Advocate – Times Law Reports

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Baby P killer Steven Barker loses rape appeal – BBC News

“One of the three people jailed over the death of Baby Peter has lost an appeal against his conviction for the rape of a two-year-old.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk

The Criminal Procedure Rules and witness attendance for magistrates – speech by Nicholas Moss, JP

“The Criminal Procedure Rules and witness attendance for magistrates’ – speech to the  Magistrates’ Association Council, London on 26 November 2009.”

Full speech

Judiciary of England and Wales, 1st December 2009

Source: www.judiciary.gov.uk

NSPCC urges more support for child court witnesses – BBC News

“More than 1,000 children under the age of 10 were listed as witnesses in courts in England and Wales last year, BBC News has learned.”

Full story

BBC News, 24th November 2009

Source: www.bbc.co.uk

Redefining justice: addressing the individual needs of victims and witnesses – Ministry of Justice

“An independent study by Victims’ Champion Sara Payne of how frontline services meet the needs of victims and witnesses.”

Full story

Ministry of Justice, 4th November 2009

Source: www.justice.gov.uk

Fake video footage ‘persuades half of people to wrongly accuse others of crime’ – Daily Telegraph

“Fake video footage can persuade almost half of viewers to accuse people of crimes they have not committed, new research suggests.”

Full story

Daily Telegraph, 17th September 2009

Source: www.telegraph.co.uk

R v Greene – WLR Daily

R v Greene

“Where a judge ruled that a witness could be treated as a hostile in examination at trial within the meaning of s 3 of the Criminal Procedure Act 1865 by the party calling him, but that witness did not in the event prove to be hostile, the judge was still obliged to warn the jury to approach that witness’s evidence with some caution, and the nature of that direction depended on the particular circumstances of the case.”

WLR Daily, 14th August 2009

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.

Child witnesses ‘wait too long’ – BBC News

“Young witnesses in sex abuse or violence cases are being forced to wait more than a year to give evidence in England and Wales, a report has said.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

Sarcastic, rude: is this the way to question child witnesses? – The Times

“The cross-examination of the four- year-old girl in the Baby Peter-related rape trial raised uncomfortable questions about how the justice system treats child witnesses.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter – Times Law Reports

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter

Court of Appeal (Criminal Division)

“A criminal trial could be fair although the defence did not have the opportunity of examining every prosecution witness.”

The Times, 3rd June 2009

Source: www.timesonline.co.uk

Call for reform over child witnesses in court – The Independent

“The barrister who cross-examined the four-year-old girl raped by one of Baby P’s killers has called for reform in the way that child witnesses are treated by the courts system.”

Full story

The Independent, 22nd May 2009

Source: www.independent.co.uk

Government welcomes report highlighting major improvements for victims and witnesses – Ministry of Justice

“Over 80% of victims and witnesses are satisfied with their experience of the criminal justice system, an independent report published by the Criminal Justice inspectorates today, has highlighted.”

Full press release 

Ministry of Justice, 7th May 2009

Surde: www.justice.gov.uk

Criminal trials cancelled because fearful witnesses fail to attend – The Times

“Hundreds of trials are being cancelled or adjourned because witnesses fail to attend court to give evidence, despite reforms to improve their treatment.”

Full story

The Times, 7th May 2009

Source: www.timesonline.co.uk

Regina v Powar (Harbinder) Regina v Powar (Kulwinder) – Times Law Reports

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

Improved care for young, vulnerable witnesses – Ministry of Justice

“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.”

Full story

Ministry of Justice, 25th February 2009

Source: www.justice.gov.uk

Government proposes witness immunity power for FSA – The Times

“The Financial Services Authority (FSA) will be given formal powers to grant immunity to witnesses in criminal investigations under new Government proposals.”

Full story

The Times, 15th January 2009

Source: www.timesonline.co.uk

Jack Straw: new laws focus on victims of crime and the bereaved – Ministry of Justice

“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.”

Full story

Ministry of Justice, 14th January 2009

Source: www.justice.gov.uk

Robbery trial collapses after judge finds victim ‘too believable’ – Daily Telegraph

“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.”

Full story

Daily Telegraph, 13th January 2009

Source: www.telegraph.co.uk

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others – WLR Daily

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390

“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.

Judges rule on witness anonymity – BBC News

“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.”

Full story

BBC News, 13th December 2008

Source: www.bbc.co.uk

Judge in Baha Mousa death inquiry to question ‘every witness’ – The Guardian

“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.”

Full story

The Guardian, 20th November 2008

Source: www.guardian.co.uk

Witness plan for ‘honour’ cases – BBC News

“Police forces in England, Wales and Northern Ireland are being urged to review their witness protection schemes to help combat ‘honour crimes’.”

Full story

BBC News, 22nd October 2008

Source: www.bbc.co.uk

Mousa witnesses granted immunity – BBC News

“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.”

Full story

BBC News, 15th October 2008

Source: www.bbc.co.uk

Regina v Popat – Times Law Reports

Regina v Popat

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.

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police – WLR Daily

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284

“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 – Times Law Reports

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 cleared over witness’s death – The Independent

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Ruling due in witness murder case – BBC News

“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.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

New witness rules introduced to protect trials – The Times

“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.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Criminal Evidence (Witness Anonymity) Act 2008

Criminal Evidence (Witness Anonymity) Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Witness anonymity bill is passed – BBC News

“Emergency legislation to allow witnesses in sensitive criminal trials to give evidence anonymously has cleared Parliament.”

Full story

BBC News, 16th July 2008

Source: www.bbc.co.uk

Podcast 67: R v Davis – Witness Anonymity with Andrew Keogh – Charon QC

“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”

Podcast

Charon QC, 10th July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

You can’t trust a witness’s memory, experts tell courts – The Times

“The memories of witnesses are flawed, marred by gaps or inventions and should not be relied upon in court cases, researchers say.”

Full story

The Times, 11th July 2008

Source: www.timesonline.co.uk

Changes to prosecution witness anonymity rules may not save trials – The Times

“Prosecutions are at risk of not going ahead even if fast-track plans to allow witnesses anonymity in court are approved, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Cases ‘at risk’ without anonymity – BBC News

“A ‘large number’ of court cases could be ‘at risk’ if judges do not have the power to grant anonymity to witnesses, MPs and peers have been told.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

Witness law to be debated by MPs – BBC News

“MPs are to debate emergency legislation to restore trial judges’ powers to grant anonymity to witnesses.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

Parliamentary Briefing on the Criminal Evidence (Witness Anonymity) Bill 2008 – The Bar Council

“The Bar Council has prepared a Parliamentary Briefing on the Criminal Evidence (Witness Anonymity) Bill 2008 which is being taken through its Commons Second Reading stage tomorrow, Tuesday 8 July 2008.”

Parliamentary Briefing Paper (PDF)

The Bar Council, 7th July 2008

Source: www.barcouncil.org.uk

Witness and victim experience survey: early findings – Ministry of Justice

“The Witness and Victim Experience Survey is a national telephone survey that explores victims’ and witnesses’ experiences of the criminal justice system in England and Wales in cases that have resulted in criminal charges.

This report explores the provision of information and services to victims and witnesses in cases closed between February 2005 to January 2006, and of the progress made at a local and national level against key criminal justice system initiatives.”

Early findings from the Witness and Victim Experience Survey: information and service provision (PDF)

Ministry of Justice, 3rd July 2008

Source: www.justice.gov.uk

Straw unveils witness legislation – BBC News

“Emergency legislation to restore trial judges’ powers to grant anonymity to witnesses has been unveiled by Justice Secretary Jack Straw. ”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk