Anonymous Witnesses

Created by: Sarah Roche
Created on: 10-06-17 19:24

What is the common law position on anonymous witnesses?

Permitted (witnesses can give evidence under pseudonyms, identifying addresses/personal deets to be withheld, D counsel couldn't ask for any identifying info, witnesses could testify behind screens/their natural voices distorted)

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Which case established this common law position?

Davis

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What are the issues with allowing anonymous witnesses?

Compels D to take blind shots at a hidden target, D might be derived of showing witness is prejudiced/hostile/unreliable (Kostovski v Netherlands)

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What did the ECtHR hold in Doorson v Netherlands?

Conviction can't be based solely/to a decisive extent on evidence of anonymous witnesses

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Which provisions put Davis on a statutory footing?

S.86 onwards of CJA 2009

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Why does a D have to tell more people of real identity of witness? (According to Sadar)

Perhaps because application by D is usually in a case involving co-Ds

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Which case says that it is logical to begin with Condition C in s.88, and that a witness anonymity order is a special measure of last resort?

Mayers

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Other cards in this set

Card 2

Front

Which case established this common law position?

Back

Davis

Card 3

Front

What are the issues with allowing anonymous witnesses?

Back

Card 4

Front

What did the ECtHR hold in Doorson v Netherlands?

Back

Card 5

Front

Which provisions put Davis on a statutory footing?

Back

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Anonymous Witnesses