New anonymity law to protect witnesses in gang murder cases

The aim of the court order is to encourage more witnesses to come forward to give evidence and to help them overcome the fear of reprisals from other gang members involved in the killing.

Ministers believe as many as 250 people a year could benefit from the added protection and think it will play an important role in bringing more gang members to justice.

The legislation, unveiled in Parliament today, has been prompted by concern that existing witness protection orders, which guarantee anonymity to those giving evidence in trials, are not always sufficient to persuade those living in areas blighted by gangs to come forward.

This is because of the potential time lag between the start of a police investigation and the staging of the actual case when an anonymity order can be granted.

Ministers fear that this leaves a gap - sometimes of more than a year - during which potentially vulnerable witnesses can be intimidated by a killer's associates. To address this, an "investigative witness anonymity order" is being included in a Coroners and Justice Bill published today which will give police and prosecutors the right to apply to a court for the identity of key witnesses to be kept secret throughout that person's entire life.

Any breach will be punishable by up to five years in jail. Justice minister Maria Eagle, who announced the legislation, said she hoped witnesses would feel able to give evidence as a result of the changes.

"There is no more vulnerable and intimidated victim than someone who lives in a gang-infested area where there has been a murder and while the police investigation is going on, the members of that gang are going round making it clear that people should not co-operate," she said.

"This is about giving support to those witnesses and focusing more on the needs of victims and ordinary people and rebalancing the criminal justice system to help them."

But some defence lawyers are likely to express concern that today's move could harm their ability to scrutinise the evidence given by anonymous witnesses.

It follows the controversy last year when the Law Lords ruled the conviction of Londoner Iain Davis for a double murder in Hackney in 2002 was unlawful because of the crucial role of anonymous witnesses in his trial.

That decision forced ministers to introduce emergency legislation, which is being made permanent in today's Bill, to reintroduce these anonymity powers amid warnings from police that a large number of prosecutions might otherwise be in danger of collapse.

Today's legislation is also expected to revive plans to conduct some inquest hearings in secret when national security would be deemed an issue.