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Criminal Evidence (Witness Anonymity) Act

The purpose of the Act is to:

put on a statutory footing a power for the courts to grant witnesses anonymity orders in criminal proceedings where this is consistent with the right of a defendant to a fair trial.

The Act:

• Makes provision for any party to criminal proceedings to apply for a witness anonymity order, so either the prosecution or a defendant may apply;

• Sets out the conditions which must be satisfied before a court can make a witness anonymity order and the considerations the court must have regard to when deciding whether to make an order;

• Sets out an indicative list of the kinds of special measures that the courts may apply in order to protect the identity of an anonymous witness, for example, the use of screens and voice distortion;

• Makes transitional provisions in respect of the trials underway when the Act comes into force and in respect of the hearing of appeals against convictions secured on the basis of anonymous evidence before the passing of the Act.

Act of Parliament
Explanatory Notes
Territorial Extent
United Kingdom
Other Actions
This Act follows the House of Lords judgment in R v Davis [2008] UKHL 36 handed down on 18 June 2008.  That appeal concerned the use of anonymous witness evidence at trial, which is governed by the common law.  The effect of the judgment is to restrict the courts’ ability at common law to allow evidence to be given anonymously during criminal trials.

Existing Legislation


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Legislation 2008/09 – lh nav