Witness Intimidation (Hansard, 10 November 2003)

§ Paul Goggins

The Government recognise that the intimidation of witnesses is an important issue that needs to be addressed. Witness intimidation in criminal proceedings is an offence under section 51 of the Criminal Justice and Public Order Act 1994 and intimidation in civil proceedings is an offence under the Criminal Justice and Police Act 2001. The Home Office has advised the police to take immediate action against offenders in cases of intimidation or harassment of witnesses.

122W

Number of persons¹ proceeded against at magistrates courts, found guilty and sentenced at all courts for television licence evasion and using motor vehicle uninsured against third party risks, Tyne and Wear,2000 and 2001
	Year	Proceeded against	found guilty
Offences under the Wireless Telegraphy Acts 1949 to 1967 (mainly television licence evasion)
Tyne and Wear	2000	5,358	4,672
	2001	6,581	5,766
Of which, Sunderland	2000	847	753
	2001	1,124	1,002
Using motor vehicle uninsured against third party risks (Road Traffic Act 1988, sec 143(2))
Tyne and Wear	2000	6,397	4,931
	2001	5,958	4,608
Of which,Sunderland	2000	1,272	1,003
	2001	1,103	873

The Government published "Tackling Witness Intimidation—An Outline Strategy" on 15 May 2003. It was issued to all Local Criminal Justice Boards and Crime and Disorder Reduction Partnerships and is available on Criminal Justice System online. A copy has been placed in the Library.

The police, the Crown Prosecution Service and the judiciary have all received specialist training to help them be more responsive to the needs of intimidated witnesses. The guidance on anti-social behaviour orders stresses the importance of offering support to witnesses and victims when applications for such orders are made.

There needs to be adequate protection for witnesses in the courtroom to ensure that they can give their best evidence. Most courts now have separate waiting rooms for witnesses, reducing the possibility of their coming into contact with the defendant, or those closely acquainted with him or her, and thus reducing the risk of intimidation. Increased funding for Victim Support has enabled its Witness Service to be extended to all Crown court centres and magistrates courts in England and Wales. This means that there should always be someone at court to support witnesses who may feel intimidated or worried.

The Government have also introduced a range of special measures to assist intimidated witnesses to give their evidence in court, including the use of TV links, srceens around the witness box and clearing the public 123W gallery so that evidence can be given in private. The Youth Justice and Criminal Evidence Act 1999 provides the legislative framework for these measures and a phased implementation programme began on 24 July 2002.

In exceptional cases, where there are real and substantial grounds for fear and the Crown would not be able to proceed without the witness's evidence, the judge may allow the identity of a credible witness to be concealed entirely from the defendant. In taking this decision, the court must balance the need for protection of the witness against the risk of unfairness to the defendant and must satisfy itself that the interests of the accused would not be unduly prejudiced.

These court-based measures are complemented by community-based measures, ensuring that support is available to witnesses where they live. Co-ordinated action by a number of agencies, for example in carrying out an initial risk assessment of a witnesses' vulnerability to intimidation, is key.

The Government, in conjunction with the Housing Corporation and the Mayor of London, are today launching a scheme which will give intimidated witnesses the option of fast track relocation within the social housing sector. The Government recognise that, while the aim should be that perpetrators of crime and anti-social behaviour should be those who are moved, there will be instances where the risk to the witness is so great that this option needs to be available.