§ 24. Mr. ProsserTo ask the Secretary of State for the Home Department what measures he is taking to protect vulnerable witnesses from intimidation. [82326]
§ Hilary BennIn July we started a phased implementation of special measures, such as live TV Links, video recorded evidence, and screens to help vulnerable or intimidated witnesses give their best evidence in court. The Criminal Justice and Sentencing Bill will introduce several changes to the rules of evidence and tighten up magistrates' granting of bail to encourage witnesses to give evidence. Guidance has been issued to the police on tackling witness intimidation in the community, and this is also reflected in the new Anti-Social Behaviour Order Guidance published on 12 November.
§ 37. Mr. JenkinsTo ask the Secretary of State for the Home Department what measures he is taking to provide better treatment for vulnerable and intimidated witnesses. [82339]
§ Hilary BennIn July, we started a phased implementation of special measures, such as live TV links, video recorded evidence and screens to help vulnerable or intimidated witnesses give their best evidence in court.
The Criminal Justice and Sentencing Bill will introduce several changes to the rules of evidence to encourage witnesses and make their experience easier:
in future, witnesses will be able to have in court their original statement that they made to police and refer to it to refresh their memories while giving evidence;any witness, if there is a good reason, will be able to give evidence by live television link; andthe defence will have to prove to the judge that evidence of a witness's previous misconduct, or other bad character evidence, is clearly relevant to the case before they bring it up.The Bill tightens up magistrates' granting of bail, partly to prevent re-offending, but also to protect victims and witnesses from intimidation in the run-up to a trial. When considering whether to grant bail, magistrates will have to take into account whether an offender has broken bail conditions before. At the same time, if there is a threat that the offender will intimidate a victim or witness, we are encouraging the prosecution to use this as grounds to challenge bail. We are also extending the prosecution's power to appeal against bail from more serious offences (with a top sentence of five years' custody or more), to any imprisonable offence.
Guidance has been issued to the police on tackling witness intimidation in the community. All forces have been issued with a training video and a series of prompts which should enable them to identify potential intimidated witnesses and how they should respond to reports of crime without themselves placing witnesses at risk. Home Office Circular Number 12/2001, issued in May last year, advised the police to take immediate positive action to prosecute offenders in cases of intimidation and harassment of witnesses.
579WFrom 2 December, the courts will be able to order an immediate stop to anti-social behaviour. This should reduce the scope for witness intimidation. The new Anti-Social Behaviour Order (ASBO) guidance, published on 12 November, stresses the importance of offering protection and support to witnesses (as well as victims) of anti-social behaviour.