''R v Davis''

008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...

UKHL 36 is a decision of the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

which considered the permissibility of allowing witnesses to give evidence anonymously. In 2002 two men were shot and killed at a party, allegedly by the defendant, Ian Davis. He was

extradited Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...

from the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

and tried at the Central Criminal Court for two counts of murder in 2004. He was convicted by the jury and appealed. The decision of the House of Lords in June 2008 led to Parliament passing the Criminal Evidence (Witness Anonymity) Act 2008 a month later. This legislation was later replaced by sections 86 to 97 of the

Coroners and Justice Act 2009 The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *preventing criminals from profiting from publica ...

Trial

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. Davis, although admitting being present at the party, claimed to have left before the shooting, and relied on an

alibi An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crim ...

defence. However, three prosecution witnesses identified Davis as the gunman. To protect their identity, the judge ordered that * they would be allowed to give evidence under

pseudonym A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name (orthonym). This also differs from a new name that entirely or legally replaces an individua ...

s * any details which might identify them were to be withheld from Davis and his legal advisers and they could not be asked any questions which might lead to their identification * they would be allowed to give evidence from behind screens and their voices disguised electronically. Davis'

counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...

, Malcolm Swift QC, objected to these restrictions but was overruled by the trial judge.

Appeals

Davis first appealed to the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

on the basis that the judge's orders relating to the anonymity of witnesses were contrary to the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

and Article 6(3)(d) of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

, and therefore Davis could not have received a fair trial. This contention was rejected and Davis' appeal dismissed. However the court did certify a point of law of general public importance: This permitted a further appeal to the House of Lords. The case was heard by five law lords. 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. Davis's defence had been that his ex-girlfriend had told lies about him to the police, or had persuaded other people to tell such lies on her behalf. Without being allowed to know if the anonymous witnesses knew Davis or his ex-girlfriend, and forbidden to ask any questions that might reveal who they were, defence counsel had been so hindered in his attempts to probe their evidence that Davis had not received a fair trial. The House reviewed all of the major cases in which anonymous witnesses had been allowed, and concluded that the law had developed incrementally in such a way that while no single step towards trials with anonymous witnesses had been obviously wrong, their cumulative effect had now gone too far. As Lord Brown put it: However the House did not go so far as to say that anonymous witnesses can never be used in a trial, and listed some examples where they would still be permitted. 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. (Also ''R v Davis'' does not affect the rules on concealing the identity of witnesses from the public but not from the defence.) Lord Mance concluded the judgement by saying:

Reaction

The reaction of the police to the decision was negative; John Yates, Assistant Commissioner of the

Metropolitan Police The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...

described the decision as a cause for grave concern and said The Justice Secretary,

Jack Straw John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...

, announced that there would be an immediate review of the law, with the possibility of legislation to reverse the principle established by the decision, and on 4 July 2008, the Criminal Evidence (Witness Anonymity) Bill was introduced in the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...

. The bill became law on 21 July 2008, 33 days after the Lords' ruling.

Cases cited

United States

*''Kirby v. United States'' 174 US 47, 55 (1899) *''Alford v. United States'' 282 US 687 (1931) *''

Pointer v. Texas ''Pointer v. Texas'', 380 U.S. 400 (1965), was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings. The Sixth Amendment in the Bill of Rights states that, in cr ...

'' 380 US 400, 405 (1965) *''Smith v. Illinois'' 390 US 129, 131 (1968) *''Coy v. Iowa'' 487 US 1012, 1015 (1988) *''Alvarado v. Superior Court of Los Angeles County'' 23 Cal 4th 1121, 1137-1140 (2000) *''Crawford v. Washington'' 124 S Ct 1354, 1359 (2004)

New Zealand & Australia

R v Hughes ''R v Hughes'' is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Lucia for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Consti ...

986 Year 986 (Roman numerals, CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * August 17 – Battle of the Gates of Trajan: Emperor Basil ...

2 NZLR 129 *R v Hines

997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...

3 NZLR 529

South Africa

*S v Leepile (1-3) 1986 (2) SA 333; (4) 1986 (3) SA 661; (5) 1986 (4) SA 187 *S v Pastoors 1986 (4) SA 222

United Kingdom

*Lord Morley's case (1666) 6 St Trials 770 *''Duke of Dorset v Girdler'' (1720) Prec. Ch. 531-532, 24 English Reports, ER 238 *''R v Scaife'' (1851) 17 QB 238 *''Scott v Scott'' 913AC 417 *''Coles v Odhams Press Ltd''

936 Year 936 ( CMXXXVI) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * June 19 – At Laon, Louis IV, the 14-year old son of the late King Charles the Simple, ...

1 KB 416 *''Attorney General v Butterworth''

963 Year 963 (Roman numerals, CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably o ...

1 QB 696 *''

Connelly v DPP ''Connelly v DPP''

964 Year 964 ( CMLXIV) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II continues the reconquest of south-eastern Anatoli ...

AC 1254 was a landmark appeal (law), appeal whereby the Judicial Committee of the House of Lords, highest court set out the way in which peripheral double jeopardy trials can take place in British law.Pillai, p. 178-18 ...

AC 1254 *''R v Socialist Worker Printers and Publishers Ltd, Ex p Attorney-General''

975 Year 975 (Roman numerals, CMLXXV) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine wars#Byzantine resurgence, 863–11th century, A ...

QB 637 *''Attorney-General v Leveller Magazine Ltd''

979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...

AC 440 *''R v South London Coroner, Ex p Thompson'' (reported in part at (1982) 126 SJ 625) *''R v DJX, SCY and GCZ'' (1989) 91 Criminal Appeal Reports, Cr App R 36 *''R v Murphy and Another'' 990NI 306 *''R v Acton Justices, Ex p McMullen'' (1990) 92 Cr App R 98, 104 *''Julie Doherty (suing as personal representative of Daniel Doherty deceased) v Ministry of Defence'' (Court of Appeal in Northern Ireland, 5 February 1991, unreported) *''Doherty v Minister of Defence'' (5 February 1991) *''R v Brindle and Brindle'' (31 March 1992, unreported) *''R v HM Attorney-General for Northern Ireland, Ex p Devine''

992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...

1 WLR 262 *''R v Watford Magistrates' Court, Ex p Lenman''

993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...

Crim LR 388 *''R v Taylor and Crabb'' (unreported), 22 July 1994, Court of Appeal Criminal Division *''R v HM Coroner for North Humberside and Scunthorpe, Ex p Jamieson''

995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...

QB 1, 17 *''R v Liverpool Magistrates' Court, Ex p Director of Public Prosecutions'' (1996) 161 JP 43 *''R v Jack'' (unreported, 7 April 1998, BAILII:

998 Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...

EWCA Crim 1206) *''R (Al-Fawwaz) v Governor of Brixton Prison''

001 001, O01, or OO1 may refer to: *1 (number), a number, a numeral *001, fictional British agent, see 00 Agent *001, former emergency telephone number for the Norwegian fire brigade (until 1986) *AM-RB 001, the code-name for the Aston Martin Valkyrie ...

UKHL 69,

002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...

1 AC 556 *''R v Singleton''

003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...

NICA 29,

004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda ...

NI 71 *''R v Arnold''

EWCA Crim 1293, para 30 *''R(D) v Camberwell Green Youth Court''

005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...

UKHL 4,

1 WLR 393 *''R v Sellick''

EWCA Crim 651,

1 WLR 3257 *''R v Al-Khawaja''

EWCA Crim 2697, 0061 WLR 1078 *''Grant v The Queen'' 006UKPC 2, 0071 AC 1

Europe

*''Kostovski v Netherlands'' (1989) 12 EHRR 434 *''Windisch v Austria'' (Application No 12489/86) (1990) 13 EHRR 281 *''Lüdi v Switzerland'' (Application No 12433/86) (1992) 15 EHRR 173 *'' X v United Kingdom'' (1992) 15 EHRR CD 113 *''Prosecutor v Tadic'' (10 August 1995) *''Prosecutor v Blaskic''

996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...

IT-95-14 (5 November 1996) *''Doorson v Netherlands'' (1996) 22 EHRR 330 *''Van Mechelen v Netherlands'' (1997) 25 EHRR 647 *''Kok v The Netherlands'' (Application No 43149/98) Reports of Judgments and Decisions 2000-VI, p 597 *''PS v Germany'' (2001) 36 EHRR 1139 *''Lucà v Italy'' (2001) 36 EHRR 807 *''Birutis v. Lithuania'' (Applications Nos 47698/99 and 48115/99) (unreported) 28 March 2002 *''Krasniki v Czech Republic'' (Application No 51277/99) (unreported) 28 February 2006

References

{{DEFAULTSORT:Davis English criminal case law House of Lords cases 2008 in United Kingdom case law