In most cases, the police will identify if the witness is at risk and should inform the prosecutor as soon as it becomes known. This can arise, in particular, in cases of homicide or other serious violence, organised crime, and terrorism. This can include where potential witnesses may fear that if their identity is revealed to the defendant or their associates, or to the wider public, then they or their family or friends will be at risk of serious harm. However, principles such as the right to be confronted by an accuser and open justice can on occasion act as a barrier to justice. The importance of open justice is also well-established (see, for example, Guardian News v Westminster Magistrates’ Court EWCA Civ 420). Similarly, an important aspect of the right to a fair trial, well-established in domestic law, is that a defendant is entitled to be confronted by and cross-examine their accuser in court. See Human Rights and Criminal Prosecutions: General Principles for further guidance. (d) to examine or have examined witnesses against him…” (3) Everyone charged with a criminal offence has the following minimum rights: “(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law…. The principle of a fair and public trial is enshrined in Article 6 of the European Convention on Human Rights, which includes: Where the prosecution can only present its case in a way which denies the defendant’s right to a fair trial, it is under a duty to stop the case, no matter how serious the allegation may be. The prosecution has a vital role to play in delivering fair trials. The overarching principle of criminal justice is that the defendant must receive a fair trial. This guidance replaces both the previous Witness Protection and Anonymity legal guidance and the Director’s Guidance on Witness Anonymity 2009. Considering whether to make an application.Withholding the Name and Address of a Witness from the Public.
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