R v Davis

R v Davis [2008] UKHL 36 is a decision of the United Kingdom House of Lords which considered the permissibility of allowing witnesses to give evidence anonymously.[3] Davis was charged with the murders of Ashley Kenton and Wayne Mowatt who had been present at a party in Hackney, East London, on the morning of January 1, 2002.On 18 June 2008 they unanimously held that Davis had not had a fair trial, since his counsel had been unable to adequately challenge the prosecution evidence or test the reliability of the anonymous witnesses.The effect of the judgement is that witnesses may not give evidence anonymously if to conceal their identity from the defendant and his lawyers would hinder cross-examination or other challenges to their credibility.[6]The Justice Secretary, Jack Straw, announced that there would be an immediate review of the law, with the possibility of legislation to reverse the principle established by the decision,[7] and on 4 July 2008, the Criminal Evidence (Witness Anonymity) Bill was introduced in the House of Commons.
common lawEuropean Convention on Human RightsLord BinghamLord RodgerLord CarswellLord BrownLord ManceUnited KingdomHouse of LordsextraditedUnited StatesCentral Criminal CourtCriminal Evidence (Witness Anonymity) Act 2008Coroners and Justice Act 2009HackneypseudonymscounselCourt of AppealMetropolitan PoliceJustice SecretaryJack StrawCriminal Evidence (Witness Anonymity) BillHouse of CommonsPointer v. TexasR v HughesConnelly v DPPX v United Kingdomlegislation.gov.uk