Coroners and Justice Bill

It is my fault that I did not address Clause 87 earlier, but perhaps I may make one or two points about it. Section 17 of the Youth Justice and Criminal Evidence Act at the moment provides that a witness is eligible for assistance if the court is satisfied that the quality of the witness’s evidence would be reduced on the grounds of fear or distress about testifying. The court takes into account a number of factors as well as the views expressed by the witness. Clause 87 gives automatic eligibility for assistance to witnesses in proceedings relating to gun and knife crimes as set out in the schedule, so that it ceases to be a matter for the discretion of the court altogether. There is automatic protection, not because a person is in fear or distress but because of the nature of the crime before the court. We consider it imperative that, as far as possible, special measures be left to the discretion of the court to determine on a case-by-case basis, because it is undoubtedly true—and it is my personal experience—that once the jury sees a witness screened off with their voice distorted, it will assume that the defendant is a dangerous criminal capable of serious violence. Special measures should not therefore be used automatically, as Clause 87 suggests. It should be for the court to weigh the prejudice occasioned by the manner in which the evidence is given against the need, if there is a need—the fear and distress of the witness—to protect the witness. It is a question of balance, not of automatic qualification for these measures. It would have an impact on the whole concept of a fair trial if, without any request, a witness should be automatically granted these provisions. That is why I am opposed to Clause 87. I know that the Minister has already dealt with it in his reply—I apologise for that—but I was taking it in stages.