R v Mayers, Glasgow & Ors [2008] EWCA Crim 2989 (12 December 2008)

R v Mayers, Glasgow & Ors [2008] EWCA Crim 2989 (12 December 2008)

A conviction based on anonymous witness evidence is unsafe if the statutory conditions for anonymity orders under the 2008 Act are not strictly met, particularly where the evidence is sole or decisive and the defence is prejudiced by lack of full investigation or disclosure. The court must be satisfied that all statutory conditions are met and that the trial was fair. In Mayers, the conviction was unsafe due to inadequate investigation and disclosure regarding the anonymous witness. In Glasgow, the conditions were met and the conviction was safe. The Act does not permit anonymity orders for witnesses not intended to be called to give evidence.

Citation
[2008] EWCA Crim 2989
Parties
Prosecution: R; Appellant: Mayers; Appellant: Glasgow; Appellant: Costelloe; Appellant: Bahmanzadeh; Respondent: P; Respondent: V; Respondent: R (7); Prosecution: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
12 December 2008
Procedural Posture
Criminal Appeal and Interlocutory Application / Court of Appeal Judgment on Appeals and Interlocutory Application
Outcome
Mayers: conviction quashed; Glasgow: appeal dismissed, conviction upheld; Bahmanzadeh and Costelloe: appeals dismissed, convictions upheld; V, P, R: prosecution's interlocutory appeal allowed, Act does not require witness to be called before anonymity order can be made.
Legal Topics
Witness Anonymity, Fair Trial, Criminal Procedure, Human Rights, Appeals
Criminal Law Evidence Witness Anonymity Fair Trial Criminal Procedure Human Rights Appeals

Case Brief

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Parties

R

Prosecution

Mayers

Appellant

Glasgow

Appellant

Costelloe

Appellant

Bahmanzadeh

Appellant

P

Respondent

V

Respondent

R (7)

Respondent

Crown Prosecution Service

Prosecution

Procedural Posture

Criminal Appeal and Interlocutory Application / Court of Appeal Judgment on Appeals and Interlocutory Application

Legal Issues

  1. 1 Whether witness anonymity orders made prior to the Criminal Evidence (Witness Anonymity) Act 2008 coming into force render convictions unsafe under the new statutory regime.
  2. 2 What statutory conditions and considerations govern the making of witness anonymity orders under the 2008 Act.
  3. 3 Whether the convictions in the cases of Mayers, Glasgow, Bahmanzadeh and Costelloe are safe in light of the statutory requirements.

Ratio Decidendi

A conviction based on anonymous witness evidence is unsafe if the statutory conditions for anonymity orders under the 2008 Act are not strictly met, particularly where the evidence is sole or decisive and the defence is prejudiced by lack of full investigation or disclosure. The court must be satisfied that all statutory conditions are met and that the trial was fair. In Mayers, the conviction was unsafe due to inadequate investigation and disclosure regarding the anonymous witness. In Glasgow, the conditions were met and the conviction was safe. The Act does not permit anonymity orders for witnesses not intended to be called to give evidence.

Court Disposition

Mayers: conviction quashed; Glasgow: appeal dismissed, conviction upheld; Bahmanzadeh and Costelloe: appeals dismissed, convictions upheld; V, P, R: prosecution's interlocutory appeal allowed, Act does not require witness to be called before anonymity order can be made.

Orders

  • Mayers: conviction quashed, retrial to be considered.
  • Glasgow: conviction upheld, appeal dismissed.