Witness Intimidation

Question 0

When can witness intimidation occur?

Answer 0

• Before the crime is reported
• During the process of investigation
• Up to 12 months after the conclusion of criminal proceedings

Question 1

What act makes witness intimidation an offence?

Answer 1

S. 51. Criminal justice and public order act 1994

Question 2

What is the Definition of witness intimidation?

Answer 2

‘Threats to harm someone, acts to harm them, physical and emotional harm; and acts and threats against a third party (such as a relation of the witness), with the purpose of deterring the witness from reporting the crime in the first instance or deterring them from giving evidence in court’

S.51 criminal justice and public order act 1994

Question 3

What would class as a vulnerable witness?

Answer 3

Someone who is physically or mentally disabled or under 17.

Question 4

What is a WCU?

Answer 4

Witness care unit

Gives witnesses a single point of contact throughout the criminal justice process

Question 5

What are the categories of witness intimidation classification?

Answer 5

Category 1 - life threatening intimidation

2 - non life threatening but is serious intimidation with threat of serious injury or harm

3a, 3b, 3c - lower levels of intimidation :

3a - low level harassment or intimidation

3b - witness fears intimidation might occur at some point

3c - witness is intimidated by the process/system/court procedure

Question 6

What are the most common forms of intimidation?

Answer 6

3a and 3b

Question 7

What should an officer do to support an intimidated witness at the start of their engagement with the CJS process?

Answer 7

• Meet the witness somewhere they feel safe
• Discuss safety concerns
• Complete risk assessment and consider early intervention to reduce risk of intimidation
• Take witness statement
• Consider placing location market on witness address
• Ensure intelligence logs maintained
• Refer witness to support services (eg victims support)
• Fully complete the back of the MG11 form
• Explain what happens next

Question 8

What is the role of the police during an investigation?

Answer 8

• Complete full investigation and speedy arrest and interview of alleged offender
• continue to monitor risk and consider additional interventions
• ensure intelligence logs are maintained in accordance with NIM
• consider flagging any incidents of note to appropriate support units
• keep witness informed of progress
• revisit risk assessment to secure safety of victim

Question 9

Role of police post investigation?

Answer 9

• review risk assessment and take appropriate action to ensure contained support for witness if no further action to be taken against he suspect
• present full account of circumstances to the witness
• inform witness of outcome
• continue to monitor risk to witness if suspect released from custody

Question 10

R.A.R

Answer 10

Reassure
Advice
Recommends

Question 11

What are special measures?

Answer 11

Measures that can be taken to reduce the intimidation felt by vulnerable / intimidated witnesses in the courtroom, such as;

• remove wigs/gowns
• place a curtain /screen around the witness when giving evidence
• video / live tv link
• Empty courtroom (of public)
• use intermediaries for communication

Question 12

When would special measure come into play?

Answer 12

Can range from a case where the witness’ evidence would otherwise be intelligible, to cases where their evidence, though intelligible, would otherwise be of poorer quality than it could be.

Question 13

What form is used for witness statement?

Answer 13

MG11 form

Question 14

3 key needs of an intimidated witness?

Answer 14

Safety
Information
Support