Results 141–160 of 3194 for speaker:Lord Kingsland

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I entirely accept that that was a very important amendment in another House; and, in the context of the jurisprudence of the European Court of Human Rights, a very wise one for the Government to have made. Nevertheless, that does not entirely answer the point that lay behind my amendment, because although "sole" is perfectly easy to interpret, when it comes to determining in marginal cases...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I am most grateful to the Minister for being so constructive. I beg leave to withdraw the amendment.

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: moved Amendment No. 7E: Clause 5, page 3, line 20, at end insert— "( ) the principle that witness anonymity orders are justified only in exceptional cases;( ) the gravity of the offence;"

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I shall speak also to Amendment No. 8A which, on reflection, really belongs in an earlier group because it deals with the list of considerations set out in Clause 5. I feel somewhat in the same position as the noble Viscount, Lord Bledisloe, when moving his previous amendment. In my view, it is desirable for the judge, when making his decision about whether to award witness anonymity, to take...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I am most grateful to the Minister. I find the Government overcautious in some parts of the Bill and overambitious in others. My concern is that they may not have them in the right order.

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: Surely not. The most important matter that I am seeking to establish in this group of amendments is that contained in Amendment No. 7A. From what the Minister has said in reply, my understanding is that, in effect, the expression, "the court must have regard (in particular) to any reasonable fear on the part of the witness", would require the court to make an assessment of reasonableness....

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I have had the benefit of listening to the noble Viscount, Lord Bledisloe, and I have nothing to add, save to say that I entirely concur.

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I am most grateful for the response of the noble Lord, Lord Hunt. Our view is simply that Clause 4(3)(a), even in the context of subsection (6), is, as I said in my opening remarks, too low a test for the court to apply. Indeed, that is true not just of the expression in Clause 4(3)(a) but of the expression in Clause 4(6)(a), which refers not to "serious injury" but just to "injury". I am...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I am most grateful to the noble Viscount, Lord Bledisloe, and the noble and learned Baroness for their responses. I agree with him that if a judge is not in a position to make that assessment, and there may be circumstances in which he is not, that poses a difficulty to my amendment. However, if we assume that the proposals put forward by the noble Lord, Lord Thomas of Gresford, and myself...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I quite understand. The noble and learned Lord may have pointed out a valid drafting point. I always hope that the merits of any amendment that one tables overcome the technical incompetence in the drafting. However, my experience in your Lordships' House, at least as far as the Government are concerned, is that hope springs eternal. My amendment does not seem to have excited great interest...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: moved Amendment No. 4E: Clause 4, page 2, line 39, leave out "safety of the witness or another person" and insert "witness or another person from death or serious injury"

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: The amendment takes us into the territory of Clause 4 in a little more detail. It would recast Clause 4(3)(a), which states: "Condition A"— we are back to conditions— "is that the measures to be specified in the order are necessary ... in order to protect the safety of the witness or another person". It goes on with the subject of my second amendment, "or to prevent any serious damage to...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: The fact that the defendant does not have a similar duty to the prosecution has never been the basis for an allegation that a trial is unfair—because the defendant has an advantage that the prosecution does not.

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I completely accept that statement. Our contention—I say "our" because I assume that the noble Lords, Lord Thomas of Gresford and Lord Lester of Herne Hill, would agree with what I am about to say—is that the equality of arms would break down if subsection (1B) of government Amendment No. 2A were to go on the statute book—because of the obligation of the defendant in those circumstances...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I apologise for testing the noble and learned Baroness's legendary patience once more. Following on from what the noble Lord, Lord Thomas, said about the existence of an inherent rule—which I accept is used only rarely—for the court to appoint an independent or special counsel; and given his concern about different judges taking different decisions about this in similar circumstances; or...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: moved Amendment No. 4B: Clause 3, page 2, line 32, at end insert— "( ) For the purposes of considering an application for a witness anonymity order the court may appoint an independent counsel to assist the court, and, without limiting the directions that the court may make, the court may direct the independent counsel— (a) to inquire into the matters that are set out in sections 4 and 5...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I have said everything that I need to say in support of this amendment. There are, however, two other amendments in this group whose promoters may not share my view of this amendment with respect to theirs. I beg to move.

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: In the debate on this group of amendments, I have become something of an innocent bystander—at least, some might say that it is in my self-interest to portray myself in that disguise. As the noble and learned Baroness must know, I am extremely sympathetic to the amendments of both the noble Lords, Lord Thomas of Gresford and Lord Lester of Herne Hill. However, as I said on Second Reading,...

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: moved Amendment No. 4D: Clause 4, page 2, line 36, leave out "C" and insert "D"

Criminal Evidence (Witness Anonymity) Bill (15 Jul 2008)

Lord Kingsland: I shall speak also to the other amendments in this line. The operative amendment in it is Amendment No. 6A. Amendments Nos. 4D, 7D and 8B are consequential upon it. The amendment would add a further condition, D, to the conditions for making an order for anonymity set out in Clause 4. Your Lordships will recall that condition A refers to making an order for anonymity only if it is necessary...


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