David Davis: To ask the Secretary of State for the Home Department what steps are being taken to ensure that witnesses to crime are
able to give evidence without fear of intimidation. [134053]
Paul Goggins: The Government recognise that the intimidation of witnesses is an important issue that needs to be addressed. Witness
intimidation in criminal proceedings is an offence under section 51 of the Criminal Justice and Public Order Act 1994 and
intimidation in civil proceedings is an offence under the Criminal Justice and Police Act 2001. The Home Office has advised the
police to take immediate action against offenders in cases of intimidation or harassment of witnesses.
The Government published "Tackling Witness Intimidation--An Outline Strategy" on 15 May 2003. It was issued to all Local Criminal
Justice Boards and Crime and Disorder Reduction Partnerships and is available on Criminal Justice System online. A copy has been
placed in the Library.
The police, the Crown Prosecution Service and the judiciary have all received specialist training to help them be more responsive to
the needs of intimidated witnesses. The guidance on anti-social behaviour orders stresses the importance of offering support to
witnesses and victims when applications for such orders are made.
There needs to be adequate protection for witnesses in the courtroom to ensure that they can give their best evidence. Most courts
now have separate waiting rooms for witnesses, reducing the possibility of their coming into contact with the defendant, or those
closely acquainted with him or her, and thus reducing the risk of intimidation. Increased funding for Victim Support has enabled its
Witness Service to be extended to all Crown court centres and magistrates courts in England and Wales. This means that there should
always be someone at court to support witnesses who may feel intimidated or worried.
The Government have also introduced a range of special measures to assist intimidated witnesses to give their evidence in court,
including the use of TV links, screens around the witness box and clearing the public gallery so that evidence can be given in
private. The Youth Justice and Criminal Evidence Act 1999 provides the legislative framework for these measures and a phased
implementation programme began on 24 July 2002.
In exceptional cases, where there are real and substantial grounds for fear and the Crown would not be able to proceed without the
witness's evidence, the judge may allow the identity of a credible witness to be concealed entirely from the defendant. In taking
this decision, the court must balance the need for protection of the witness against the risk of unfairness to the defendant and
must satisfy itself that the interests of the accused would not be unduly prejudiced.
These court-based measures are complemented by community-based measures, ensuring that support is available to witnesses where they
live. Co-ordinated action by a number of agencies, for example in carrying out an initial risk assessment of a witnesses'
vulnerability to intimidation, is key.
The Government, in conjunction with the Housing Corporation and the Mayor of London, are today launching a scheme which will give
intimidated witnesses the option of fast track relocation within the social housing sector. The Government recognise that, while the
aim should be that perpetrators of crime and anti-social behaviour should be those who are moved, there will be instances where the
risk to the witness is so great that this option needs to be available.