R v Mayers, Glasgow & Ors

R v Mayers, Glasgow & Ors

The validity of witness anonymity orders and the safety of convictions depend on strict compliance with the statutory preconditions in the 2008 Act. Anonymous hearsay evidence is inadmissible under the Criminal Justice Act 2003, as the witness must be identified to the court's satisfaction. The court will not uphold convictions where the use of anonymous evidence rendered the trial unfair.

Parties
Prosecution: R; Appellant/defendant (1): Jordan Mayers; Appellant/defendant (2): Junior Glasgow; Appellant/defendant (3): Thomas Patrick Costelloe; Appellant/defendant (4): Manouchehr Bahmanzadeh; Defendant (5): P; Defendant (6): V; Defendant (7): R; Prosecution (v, P, R): Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
12 December 2008
Procedural Posture
Criminal Appeal and Interlocutory Application / Appeal and Interlocutory Ruling
Outcome
Appeals allowed in part, dismissed in part; prosecution's interlocutory appeal dismissed
Legal Topics
Witness Anonymity, Fair Trial, Hearsay Evidence, Criminal Procedure, Public Interest Immunity
Criminal Law Evidence Witness Anonymity Fair Trial Hearsay Evidence Criminal Procedure Public Interest Immunity

Case Brief

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Parties

R

Prosecution

Jordan Mayers

Appellant/defendant (1)

Junior Glasgow

Appellant/defendant (2)

Thomas Patrick Costelloe

Appellant/defendant (3)

Manouchehr Bahmanzadeh

Appellant/defendant (4)

P

Defendant (5)

V

Defendant (6)

R

Defendant (7)

Crown Prosecution Service

Prosecution (v, P, R)

Procedural Posture

Criminal Appeal and Interlocutory Application / Appeal and Interlocutory Ruling

Legal Issues

  1. 1 Whether witness anonymity orders made prior to the Criminal Evidence (Witness Anonymity) Act 2008 are valid under the Act
  2. 2 Whether convictions based on anonymous witness evidence are unsafe under the new statutory regime
  3. 3 Whether anonymous hearsay evidence is admissible under the Criminal Justice Act 2003

Ratio Decidendi

The validity of witness anonymity orders and the safety of convictions depend on strict compliance with the statutory preconditions in the 2008 Act. Anonymous hearsay evidence is inadmissible under the Criminal Justice Act 2003, as the witness must be identified to the court's satisfaction. The court will not uphold convictions where the use of anonymous evidence rendered the trial unfair.

Court Disposition

Appeals allowed in part, dismissed in part; prosecution's interlocutory appeal dismissed

Orders

  • Mayers: Conviction quashed; retrial to be considered.
  • Glasgow: Appeal dismissed; conviction upheld.