Witness Charter Flashcards
What is the Witness Charter?
The Witness Charter sets out the standards of care that a witness can expect if they witness a crime or incident in England or Wales. It also sets out the clear expectation that throughout their journey through the criminal justice process, all witnesses will be treated fairly and with respect at all times.
Who is a witness?
A witness is someone who:
Knows something about a particular crime, incident or dispute.
Has specialist knowledge that would be useful in a trial.
Knows someone involved in a case (a character witness).
How does the witness charter apply to young persons?
Where a witness is younger than 18, their parent or guardian are provided with information about the processes within the Charter which is available in a Young Witness Pack
What are MPS Witness Care Units?
MPS Witness Care Units (WCUs) are a statutory requirement under the Codes of Practice for Victims of Crime run by the police and Crown Prosecution Service (CPS) staff, in joint partnership.
The units are a single point of contact for all victims and witnesses. Their purpose is to provide support and information from the first hearing of a case in the magistrates’ court through to the conclusion of the case.
Who aligns witnesses to the available services?
MPS Witness Care Units, defence lawyers, Her Majesty’s Courts and Tribunal Service (HMCTS) staff or the Witness Service will all provide information and support to help prepare witnesses for attending court.
It is your responsibility as a Met officer to ensure that your witness or witnesses are informed to these services.
What is the witness service?
Both prosecution and defence witnesses attending court are entitled to receive free help and support from the Witness Service, which is run by the independent national charity, Citizens Advice. The service has staff and volunteers in every Crown Court and magistrates’ court in England and Wales. In addition, the Witness Service will provide any further practical or emotional support that is required.
Things to consider when completed a witness needs assessment.
You’ll also need to establish the witness’s preferred method of being contacted and any language or communication needs that police and lawyers should take into account. In addition, always remember to seek the witness’s views on any requirements for special measures that could be put in place to help them give evidence in court.
In what circumstances is a witness immediately an intimidated witness?
Witnesses are automatically considered to be intimidated if they’re a victim of a sexual offence or of human trafficking, or if they’re a witness to a gun or knife offence.
What is witness intimidation?
Witness intimidation is when an attempt is made to threaten or persuade a witness not to give evidence to the police or courts or give evidence in a way that is favourable to the defendant. A further form of intimidation may be through cultural intimidation. This occurs when family or friends of the victim or witness try to dissuade the witness from assisting in an investigation or an inquiry.
Section 51 Criminal Justice and Public Order Act 1994
s. 51(1) creates an offence directed at acts against a person assisting in the investigation of an offence or is a witness or potential witness or juror or potential juror whilst an investigation or trial is in progress; and
s. 51(2) creates an offence directed at acts against a person who assisted in an investigation of an offence or who was a witness or juror after an investigation or trial has been concluded.
What is the punishment for intimidating a witness?
The offences are triable either way. In the magistrates’ court, the maximum penalty is six months’ imprisonment and/or a fine to the statutory maximum. In the Crown Court, the maximum penalty is five years’ imprisonment and/or a fine.
What are vulnerable witnesses as defined by s.16 YJCEA?
All child witnesses (under 18) and any witness whose quality of evidence is likely to be diminished because they suffer from a mental disorder or have a significant impairment of intelligence and social functioning. Witnesses who have a physical disability or are suffering from a physical disorder are also considered to be vulnerable. and includes people aged over 70 years.
Section 16 of the YJ&CEA 1999
concerns witnesses eligible for assistance on the grounds of age or incapacity.
Section 16 covers persons who:
- Are under the age of 18 at the time of the court hearing.
- Suffer from a mental disorder (defined under the Mental Health Act 1983).
- Have a significant impairment of intelligence and social functioning.
- Have a physical disability.
- Suffer from a physical disorder.
Section 17 YJ&CEA 1999
concerns witnesses eligible for assistance on grounds of fear or distress.
Witnesses who fall into this category comprise:
- Victims of a sexual offence.
- Victims of human trafficking under Section 1 or Section 2 of the Modern Slavery Act 2015 (Slavery, servitude and forced or compulsory labour).
- Witnesses to a ‘relevant offence’ (gun and knife crime) as outlined in Schedule 1A of YJ&CEA 1999.
- Victims who may be subject to intimidation from the accused, members of the family or associates of the accused or any other person who is likely to be an accused or a witness in the proceedings.
Sections 23-30 YJ&CEA 1999
Outline the following Special Measures as available in court for vulnerable or intimated witnesses.
- Screening witness from accused.
- Evidence by live link.
- Evidence given in private.
- Removal of wigs and gowns.
- Video recorded evidence in chief.
- Video recorded cross-examination or re-examination.
- Examination of witness through intermediary.
- Aids to communication.
