Podcast Location:
Download it here [file size: 24.1 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

The podcast aims to inform the listener of both the common law roots and the current state of the law on witness anonymity. It encourages the listener to consider exactly why "open justice" should be maintained, and whether the Criminal Evidence (Witness Anonymity) Act 2008 has gone too far in eroding it. Further, it aims to inform the listener of the impact of witness anonymity on hearsay applications.

Outcomes:
After completing the course you will:
  • Understand the justifications and common law basis for 'open justice';
  • Be aware of how the case-law and Criminal Evidence (Witness Anonymity) Act 2008 has eroded 'open justice';
  • Be aware of the criticisms that have been levelled at the Criminal Evidence (Witness Anonymity) Act 2008;
  • Be up to date with the current state of the law on witness anonymity, and how to make such applications.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Sources and References:
  • Criminal Evidence (Witness Anonymity) Act 2008;
  • Human Rights Act 1998;
  • R v Davis [2008] 1 AC 1128;
  • R v Murphy [1990] NI 306;
  • R v Taylor and Crabb [1995] Crim LR 253;
  • R v Mayers [2008] EWCA Crim 2989.

This podcast discusses the issue of witness anonymity in criminal proceedings. It discusses the common law basis for "open justice", and how it has been slowly eroded by case-law. It then focuses upon the 2008 case of R v Davis and the consequent Criminal Evidence (Witness Anonymity) Act 2008, and discusses the exact impact of these on the current law.

Podcast added 30/03/09

Podcast last reviewed: 2011-07-25

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