Intimidation of Witnesses, Jurors and Others Flashcards
What is the “No witness, no justice” project?
A joint initiative between the CPS, NPCC, the Home Office and the Cabinet Office’s Office of Public Service Reform.
It highlights the importance of providing support to people who are crucial in the successful prosecution of offenders, and that the police have a duty of care towards them.
How may witnesses feel about their situation?
Vulnerable and concerned about the consequences of their actions, and some become victims of intimidation by the suspect in the case e.g to dissuade/ intimidate them from giving evidence in court.
Home Officer Report (1998) ‘Speaking Up for Justice’ argues what in ≈
In this context intimidation is not simply a matter of explicit threats of physical harm to a witness or victim, but also includes other less tangible forms: e.g third part threats to family, financial threats (such as withdrawing support for a dependent).
Home Officer Report (1998) ‘Speaking Up for Justice’ argues what in regards to intimidating witnesses?
In this context intimidation is not simply a matter of explicit threats of physical harm to a witness or victim, but also includes other less tangible forms: e.g third part threats to family, financial threats (such as withdrawing support for a dependent).
What are some supporting agencies police should be aware of?
Victim Support The Witness Service Anti Social Behaviour Units Housing Associations Witness Care Units Crown Prosecution Service Prison Service
What was decided in Osman v United Kingdom (1998)?
That national authorities (e.g police) have an obligation to take preventative measures to protect an individual whose life is at risk through the criminal acts of others.
What are the reasonable steps to assess threats to the identified individual known as?
The Osman threshold
If the assessment does not suggest there is real and immediate risk, the authorities cannot be held negligent if subsequent harm falls on the victim.
Intimidation relating to civil proceedings is covered under what act?
The Criminal Justice and Police Act 2001
Intimidation relating to civil proceedings
For current civil proceedings (s 39(1)) the victim of intimidation can be a witness where?
What is the criteria for the offence to have occurred?
The Court of Appeal
The Crown Court
A county court
A magistrates court
The suspect must have carried out an act which causes intimidation and is intended to either obstruct, perfect or otherwise interfere with the course of justice.
The suspect must know (or believe) that his/her victim had been a witness in the relevant proceedings, and the intimidation must take place within the period from the start of the proceedings until 12 months after the end.
Intimidation relating to civil proceedings
For current civil proceedings (s 39(1)) the victim of intimidation can be a witness where?
The Court of Appeal
The Crown Court
A county court
A magistrates court
The suspect must have carried out an act which causes intimidation and is intended to either obstruct, perfect or otherwise interfere with the course of justice.
Intimidation relating to criminal proceedings
What is the criteria for the offence to have occurred?
The person suspected of intimidation must have carried out an act (or acts) which either intentionally caused harm to (or threaten to harm) another person and is intended to obstruct, pervert or otherwise interfere with the course of justice.
Can be financial or physical, and can be directed against either the person or his/her property (s 40(4)).
The person making the threat commits the offence even if a third party is used to convey the threat (s 40(3)).
Intimidation relating to criminal proceedings
What is the criteria for the offence to have occurred?
The person suspected of intimidation must have carried out an act (or acts) which either intentionally caused harm to (or threaten to harm) another person.
Can be financial or physical, and can be directed against either the person or his/her property (s 40(4)).
Intimidation relating to civil proceedings
For current civil proceedings (s 39(1)) the victim of intimidation must be…
Either assisting in the investigation, a witness (or potential witness(, or a juror (or potential juror).
Intimidation relating to civil proceedings
What is the time period during which intimidation occurs when the role of the intimidated victim in criminal proceedings is…
A person who assisted with an investigation
Start:
The start of any assistance in the investation (or the start date believed by the suspect).
Ends:
Twelve months after any assistance was given.
Intimidation relating to civil proceedings
What is the time period during which intimidation occurs when the role of the intimidated victim in criminal proceedings is…
A witness or juror during the court hearing
Start:
The start of the court proceedings.
Ends:
Twelve months after the end of the trial or appeal.
