Emergency legislation to allow anonymous evidence to be given in criminal courts could severely compromise a defendant's right to a fair trial. As the Government prepares to rush through the emergency law in the Criminal Evidence (Witness Anonymity) Bill, the Law Society is calling on Parliament to give proper consideration to the issues relating to witness anonymity.

In a very limited number of cases, witness anonymity may be necessary, subject to safeguards in the trial process to ensure that this does not disproportionately impact on the defendant's right to a fair trial. However, the Law Society believes that Witness Anonymity Orders (WAOs) should only be used in the most serious and exceptional cases.

It is a fundamental aspect of the right to a fair trial that the defendant in a criminal trial is able to challenge the evidence adduced against him or her. If the defendant does not know the identity of a witness, they will be unable to provide their legal team with instructions to enable effective cross-examination. This may have the effect of emasculating the defence case to such an extent that the defendant's right to a fair trial is severely compromised.

The Law Society is urging parliamentarians to ensure that the legislation is robust enough to prevent witness anonymity becoming a routine request that is made in ordinary cases without very good reason.

We cannot envisage any situation whereby anonymity would be appropriate in anything other than the most serious of cases, and by this we mean homicide, terrorism, and cases of extreme violence.

Andrew Holroyd

President of the Law Society