Evidence Amendment Bill

I want to take a relatively short call just to explain why the Labour Party is supporting the amendments to Part 2 that were proposed at the Justice and Electoral Committee. They are, essentially, to move the new reference to the Criminal Procedure Act 2011 from Part 1 of schedule 1 to schedule 2 of the Act, making it clear that the list of matters that can be appealed to a higher court if a direction is made at an initial trial includes the “making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006:”. This adds to the list in the Criminal Procedure Act 2011, which, in section 217(2) says “The defendant or the prosecutor may, with the leave of the first appeal court, appeal to that court against a decision that is one of the following:”, and then there is a big, long list of “making or refusing to make” an order under various sections, which creates this ability for either the defendant or the prosecutor, with leave of the first appeal court, to make a further appeal. Added to that list is this new category, which is the “making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006:”.

At the same time, there is also a very minor change. It is the revocation of a statutory regulation, the Evidence (Recognition of Overseas Practitioners) Order 2008, which has been revoked by clause 37(3) of this bill.

Both of those seem to be appropriate, which is why the Labour Party will be supporting this part of the bill.

Part 2 agreed to.

Schedule 2 agreed to.

Clauses 1 and 2