Recent Judicial Decisions
| Published date | 01 September 2008 |
| DOI | 10.1350/pojo.2008.81.3.447 |
| Date | 01 September 2008 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Anonymous Witnesses
Regina v Davis [2008] UKHL 36
House of Lords
18 June 2008
A defendant in a murder case appealed against conviction
which was largely based upon testimony given by three
anonymous witnesses.
Keywords: anonymous testimony; Article 6 of European
Convention on Human Rights; decisive evidence; evidence;
right to fair trial; witness intimidation
The facts
The witnesses feared for their lives if they gave testimony
against the defendant so the trial judge ordered that the wit-
nesses’ personal details be kept from the defendant and his legal
advisers. The witnesses were given pseudonyms, gave evidence
behind a screen, and had their voices mechanically distorted. The
defendant’s lawyers were not permitted to ask the witnesses
questions which, if answered, might reveal personal details and
the identity of these witnesses. The prosecutor did supply the
defence with a record of witnesses’ previous convictions.
The law
It is a long-established rule at common law that a defendant has
the right to confront his accusers in order to cross-examine and
test their evidence. There are certain statutory (see ss 23–28,
Criminal Justice Act 1988, and ss 114–126, Criminal Justice Act
2003) and common law exceptions (e.g. national security).
Another common law exception related to witness intimidation
with the leading case being the Court of Appeal’s decision in R v
Taylor & Crabb, The Times, 17 August 1994, Court of Appeal
(Criminal Division) which set down the following guidelines in
relation to protecting the identity of a witness: (1) real grounds
262 The Police Journal, Volume 81 (2008)
DOI: 10.1358/pojo.2008.81.3.447
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