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To ask the Secretary of State for the Home Department, What measures he is taking to provide better treatment for vulnerable and intimidated witnesses. (Failed OPQ)

Asked by

Brian Jenkins (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

19 November 2002

For answer on

2 December 2002

Answered on

2 December 2002

Mr. Jenkins: To ask the Secretary of State for the Home Department what measures he is taking to provide better treatment for vulnerable and intimidated witnesses. [82339] Hilary Benn: In July, we started a phased implementation of special measures, such as live TV links, video recorded evidence and screens to help vulnerable or intimidated witnesses give their best evidence in court. The Criminal Justice and Sentencing Bill will introduce several changes to the rules of evidence to encourage witnesses and make their experience easier: in future, witnesses will be able to have in court their original statement that they made to police and refer to it to refresh their memories while giving evidence; any witness, if there is a good reason, will be able to give evidence by live television link; and the defence will have to prove to the judge that evidence of a witness's previous misconduct, or other bad character evidence, is clearly relevant to the case before they bring it up. The Bill tightens up magistrates' granting of bail, partly to prevent re-offending, but also to protect victims and witnesses from intimidation in the run-up to a trial. When considering whether to grant bail, magistrates will have to take into account whether an offender has broken bail conditions before. At the same time, if there is a threat that the offender will intimidate a victim or witness, we are encouraging the prosecution to use this as grounds to challenge bail. We are also extending the prosecution's power to appeal against bail from more serious offences (with a top sentence of five years' custody or more), to any imprisonable offence. Guidance has been issued to the police on tackling witness intimidation in the community. All forces have been issued with a training video and a series of prompts which should enable them to identify potential intimidated witnesses and how they should respond to reports of crime without themselves placing witnesses at risk. Home Office Circular Number 12/2001, issued in May last year, advised the police to take immediate positive action to prosecute offenders in cases of intimidation and harassment of witnesses. From 2 December, the courts will be able to order an immediate stop to anti-social behaviour. This should reduce the scope for witness intimidation. The new Anti- Social Behaviour Order (ASBO) guidance, published on 12 November, stresses the importance of offering protection and support to witnesses (as well as victims) of anti-social behaviour.

Date

2 December 2002

Reference

82339; 395 c578-9W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, What measures he is taking to protect vulnerable witnesses from intimidation. (Failed OPQ)

Asked by

Gwyn Prosser (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

2 December 2002

Reference

82326; 395 c578W

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, What research his Department has carried out into the reasons why some witnesses fail to testify in court.

Asked by

Hugh Bayley (Labour)

Answering body

Lord Chancellor's Department

Oral questions - Lead

Status

Answered

Date

26 November 2002

Reference

395 c155; 81467

House

House of Commons

Lord Chancellors Dept

Answered by

Yvette Cooper (Labour)

Answering body

Lord Chancellor's Department

Type

Oral answers to questions

Date

26 November 2002

Reference

395 c155

House

House of Commons

Lord Chancellors Dept

1st supplementary on victims of domestic violence withdrawing their evidence.

Asked by

Hugh Bayley (Labour)

Answering body

Lord Chancellor's Department

Oral questions - 1st Supplementary

Status

Answered

Date

26 November 2002

Reference

395 c155

House

House of Commons

Lord Chancellors Dept

Answered by

Yvette Cooper (Labour)

Answering body

Lord Chancellor's Department

Type

Oral answers to questions

Date

26 November 2002

Reference

395 c155

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, when special measures direction providing for vulnerable or intimidated adult witnesses to use TV link facilities, available under Section 21 of the Youth Justice and Criminal Evidence Act 1999, will be available in all areas; when special measures direction providing for vulnerable...

Asked by

Vera Baird (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

15 October 2002

Reference

390 c627-8W;390 c629-30W; 73526;73524;73523;73522;73521;73528;73527;73525

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, what assessment she has made of the facilities required adequately to house witnesses separately from those charged and appearing before street crime courts.

Asked by

Lindsay Hoyle (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

15 October 2002

Reference

73724; 390 c626W;390 c627-8W

House

House of Commons

Solicitor-General

To ask the Solicitor General, what training CPS staff have received in achieving Best Evidence guidance on preparing for and conducting interviews with vulnerable and intimidated witnesses; and which and how many staff have been trained on each CPS area. - (Holding answer 10 June 2002).

Asked by

Claire Curtis-Thomas (Labour)

Answering body

Solicitor General

Type

Written questions

Status

Answered

Date

19 September 2002

Reference

60227; 390 c83W

House

House of Commons

Solicitor-General

To ask the Solicitor General, what inquiries are being held by the CPS concerning the measures needed to enable vulnerable or intimidated witnesses to give their best evidence. - (Holding answer 10 June 2002).

Asked by

Claire Curtis-Thomas (Labour)

Answering body

Solicitor General

Type

Written questions

Status

Answered

Date

19 September 2002

Reference

60228; 390 c82W

House

House of Commons

Justice for all white paper.

Type

White papers; Command papers

Notes

Received 17.07.02

Date

17 July 2002

Reference

Cm 5563

House

House of Commons

Statement on the criminal justice white paper

Statement on the criminal justice white paper. (Justice for All - Cm 5563)

Lead member

Lord Blunkett

Department

Home Office

Type

Ministerial statements

Date

17 July 2002

Reference

389 c287-304

House

House of Commons

Lords statement on Criminal Justice White Paper (Justice for All Cm 5563)

Lords statement on Criminal Justice White Paper (Justice for All Cm 5563).

Lead member

Lord Falconer of Thoroton

Department

Home Office

Type

Oral statements

Date

17 July 2002

Reference

637 c1243-57

House

House of Lords

Solicitor-General

To ask the Solicitor General, What steps the Crown Prosecution Service is taking to identify cases of witness intimidation. (Failed OPQ)

Asked by

Ben Chapman (Labour)

Answering body

Solicitor General

Type

Written questions

Status

Answered

Date

23 May 2002

Reference

56383; 386 c470W

House

House of Commons

INTIMIDATION OF WITNESSES

That this House supports, and commends to the Home Secretary, the campaign of the Association of Chief Police Officers aimed at halting the number of criminals who are evading punishment because of the failure of victims and witnesses to attend court or opting to decline to give evidence; and believes...

Primary sponsor

Richard Taylor (Independent (affiliation))

Type

Early day motions

Date

26 February 2002

Reference

888; 888A1

House

House of Commons

Rooker, RtHonLord

Lords Statement on when they plan to implement the special measures for vulnerable or intimidated witnesses recommended in the Speaking up for Justice report. [HL 2472]. - Inc ref to various training and guidance materials, copies in Library.

Asked by

Lord Burlison (Labour)

Type

Written questions

Status

Answered

Date

23 January 2002

Reference

HL 2472; 630 c205-6WA

House

House of Lords

Home Office

Statement on when he plans to implement the special measures for vulnerable or intimidated witnesses recommended in the Speaking up for Justice report. (Info in Library Dep 02/683).

Asked by

Bill Rammell (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

22 January 2002

For answer on

23 January 2002

Answered on

23 January 2002

Mr. Rammell: To ask the Secretary of State for the Home Department when he plans to implement the special measures for vulnerable or intimidated witnesses recommended in the "Speaking up for Justice" report. [30364] Mr. Keith Bradley: The "Speaking up for Justice" report on vulnerable or intimidated witnesses in the criminal justice system published in 1998 proposed a range of special measures available for use at the trial including: video-recorded statements to replace the evidence-in-chief video-recorded pre-trial cross-examination live TV links screens around the witnesses box so that the witness does not need to face the defendant in court removal of wigs and gowns assistance with communication if necessary, including the use of an intermediary; and power for the judge to clear the public gallery in cases involving sexual offences or intimidation so the witness can give evidence in private. The measures requiring legislation were included in Part II of the Youth Justice and Criminal Evidence Act 1999. Implementation of the special measures will be phased as we have an opportunity to see how they are working. The implementation in the Crown court will take place six months from today to allow a lead-in for the agencies to conduct training and preparation. All the special measures will be implemented for vulnerable witnesses, with the exception of intermediaries and pre-trial cross-examination which will be subject to pilot projects. The same measures, with the added exception of video-recorded statements, will be implemented at the same time for intimidated witnesses. All other measures will be introduced in 2003-04 for all qualifying witnesses. In magistrates courts implementation of special measures in July 2002 will be restricted to TV links and video recorded evidence for child witnesses in cases involving sexual offences, violence (including threats) and cruelty. This would provide protection for children in cases involving assaults, muggings and domestic violence. It would also bring the adult magistrates courts into line with the current provision in the Youth court. Most of the measures will be extended to magistrates courts by 2003-04 (after their evaluation in the Crown court) to bring them in line with the Crown court. A whole range of guidance and training materials for the criminal justice agencies are being published tomorrow including: Recognising Capability--a training programme for those in the criminal justice system working with vulnerable or intimidated witnesses Achieving Best Evidence in Criminal Proceedings: Guidance on vulnerable or intimidated witnesses including children Vulnerable Witnesses: A Police Service Guide Adult pre-trial therapy Early Special Measures Meeting between the Police and Crown Prosecution Service and Meetings between the Crown Prosecution Service and Vulnerable and Intimidated Witnesses: Practice. Copies of these publications will be placed in the Library. Over the next couple of years we will also be starting pilot projects on video-recorded pre-trial cross- examination and the use of intermediaries.

Date

23 January 2002

Reference

30364; 378 c944-5W

House

House of Commons

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