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Don and Anita Horton

I am extremely grateful to my hon. Friend the Member for Harlow (Robert Halfon) for the way in which he has helped me and my officials prepare for the debate, so that I can give him as constructive an answer and advice as possible. I understand the restrictions that apply to my dealing with an individual case, but his constituents are extremely well served by the way in which he has raised their case. They have an extremely doughty champion on their behalf. My hon. Friend raised a number of issues, including on criminal evidence, the handling of witness statements made for the purposes of criminal proceedings and the protection of witnesses from intimidation and harassment. I will respond to those points in my capacity as the Minister responsible for criminal justice issues. He also mentioned the process followed by the Department for Work and Pensions in relation to the investigation of benefit fraud and expressed concern about the processes adopted by the Information Commissioner in dealing with allegations of the mishandling of data. I will deal with those two points later. It is not appropriate for me, as a Minister, to comment on any particular case, but I wish to make it absolutely clear that I wholly share my hon. Friend's concern that those who perform a public duty by informing on people who commit benefit fraud or any offence should not be subjected to harassment. Society depends on courageous people who witness crime coming forward, reporting it and giving evidence. Witnesses are vital to our criminal justice system, and it is crucial that they receive appropriate support when they give evidence in criminal proceedings to ensure that justice is done. However, justice also requires us to ensure that the defendant has a fair trial. When someone gives evidence about an alleged offence, they may be asked to make a signed witness statement, which will contain their name and address. Once the statement has been made, what happens to it depends on whether anyone is charged with an offence and prosecuted in the courts. I understand that when taking a witness statement, DWP investigators explain to those giving it that they may be asked or required to give evidence in court. The signed statement includes wording to that effect. If no charge is brought, the matter will go no further, but if someone is charged, the prosecutor may wish to use the witness's evidence as part of the case against the accused. In those circumstances, the prosecutor must give copies of all the prosecution evidence to the defence in advance of the trial. Any witness statements will have the address of the witness removed, but not their name. That reflects the general long-standing principle of English common law that defendants have the right to know the identity of their accusers and to challenge the evidence against them. The Government take the issue of witness intimidation very seriously. It is a criminal offence under section 51 of the Criminal Justice and Public Order Act 1994, punishable on conviction in the Crown court with a maximum penalty of five years' imprisonment, or a fine, or both. On conviction in a magistrates court, the maximum penalty is six months' imprisonment, or a fine, or both. It is also an offence under the Protection from Harassment Act 1997 for someone to pursue a course of conduct that amounts to harassment of another, and which he knows, or ought to know, amounts to that. The offence is punishable on conviction by a maximum of six months' imprisonment or a fine not exceeding level 5 on the standard scale. There is also a separate, more serious offence that is committed when the offender pursues a course of conduct that he knows, or ought to know, will cause the victim to fear violence. That carries a maximum penalty of five years' imprisonment, or a fine, or both. A court sentencing someone convicted of either offence may also impose a restraining order prohibiting specified forms of behaviour such as deliberate communication with the victim, and breach of a restraining order is a criminal offence also punishable by up to five years' imprisonment. However, a civil remedy, which enables a victim of harassment to seek an injunction against the person harassing them, is also available under the Act. That can be obtained without securing a conviction for harassment. Investigation of allegations of intimidation or harassment is, of course, a matter for the police. Any decision to prosecute is the responsibility of the Crown Prosecution Service. When witnesses fear intimidation and harassment, they can be supported in several other ways before and during the trial. Before the trial, intimidation should be reported to the police, who can provide appropriate advice and support. Police forces can arrange for a witness and their family to relocate temporarily or permanently to a different neighbourhood in the area through the local housing authority. When witnesses remain in their homes, several target-hardening measures are available to improve home and personal security. They include additional locks, alarms, sensors, fire-proof letter boxes, panic alarms, CCTV cameras and mobile phones. In addition to the criminal offences that I have mentioned, bail conditions can be imposed to prevent the accused from approaching any witness. In appropriate cases, police forces can apply to the court to grant an injunction or an antisocial behaviour order against anyone intimidating a witness. We have invested in a programme of training that is available to all officers, and the victim's code and the witness charter require all agencies to identify vulnerable and intimidated witnesses, and to work together to provide them with an enhanced service. If the witness is asked to give evidence orally in court, and he or she considers that he or she needs assistance when giving oral evidence because they are in fear of testifying or in distress, the prosecutor may apply to the court before the trial for special measures to enable them to give their best evidence. Special measures include giving evidence by live link from outside the court room or giving evidence with a screen round the witness box. Both measures prevent the witness from viewing the defendant. In cases of intimidation, an application may also be made for the public gallery to be cleared so that witnesses can give evidence in private. Decisions on special measures are a matter for the court, after taking the witness's views into account. When a witness fears that they will be harassed and intimidated in the court building, if the court is notified in advance of the particular needs of the victim or witness, it will endeavour to meet those needs wherever physically possible, for example, by arranging for them to enter the court by a different entrance from the public, and providing separate seating inside and outside the courtroom. If certain criteria set out in the Coroners and Justice Act 2009 are met, the court may permit a witness to give oral evidence anonymously. The defendant retains the right to cross-examine the witness to test their evidence, but the identity of the witness is concealed. The legislation imposes three strict conditions before a witness anonymity order may be made. They are: that the measures are necessary to protect the safety of the witness or another person; to prevent serious damage to property or real harm to the public interest; and that they are consistent with a fair trial, and an ““interests of justice”” based test. Additionally, before making an order, the court is required to take into consideration the general right of a defendant to know the identity of a witness. Although the legislation does not stipulate that witness anonymity is an ““exceptional measure””, in practice it is considered to be so. The Court of Appeal in the case of R v. Mayers explicitly refers to"““the exceptional circumstances permitted by the Act.””" I hope that my hon. Friend can see that the Ministry of Justice takes witness protection very seriously. I appreciate that the measures that I have described did not come into play because the case that he described did not proceed to trial. However, I hope that it gives his constituents some reassurance to know that witness intimidation and witness protection is taken seriously and that we have significant powers to try to provide that protection.