07/15/13

Permalink Britain to use secret evidence in court

The Justice and Security Act 2013 (JSA) came into force this month. The key provision contained within the legislation creates a new judicial procedure which will permit the use of secret evidence in any civil trial in the UK. The move represents a severe attack on the right to a fair trial and will supplement the vast array of repressive powers already at the disposal of the state. Under conditions of deepening social inequality and with social tensions rising, Britain’s ruling elite are trampling on fundamental democratic rights like their counterparts in the United States and across Europe. The new provision is known as “closed material procedure” (CMP). According to its terms, if the government decides to seek CMP in the course of a trial, a judge will have the power to decide to present evidence to the court in secret, without the defendant being granted access to the information. Only a “special advocate”, who is appointed by the government and given security clearance, would be party to the evidence.

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