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Witness Intimidation

5 replies

SultansOfSwing · 30/03/2019 17:33

I know that there is an offence of witness intimidation but does it cover family court witnesses or civil case witnesses? I am trying to Google it but all I can find is more to do with Magistrates and Crown Courts.

OP posts:
prh47bridge · 30/03/2019 17:55

No, it does not. The offence of witness intimidation is defined under the Criminal Justice and Public Order Act 1994 and only applies to criminal cases.

SultansOfSwing · 30/03/2019 18:52

Thank you, that is really helpful

OP posts:
cdtaylornats · 30/03/2019 22:41

Criminal Justice and Public Order Act 1994 defines Witness Intimidation as a crime and sets out punishments for said offence but I don't see where it restricts the witnesses to being ones in criminal courts

prh47bridge · 30/03/2019 23:29

Look at Section 51. Section 1 requires that the offender commits the act, "knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence". A section 2 offence requires that the offender commits the act, "knowing or believing that the person harmed or threatened to be harmed (“the victim”), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence". The references to "an offence" in both sections make it clear that the witness being intimidated must be a witness in a criminal case. In a civil case a witness is not, "a witness.. in proceedings for an offence".

prh47bridge · 30/03/2019 23:32

Sorry - for section 1 read subsection 1, for section 2 read subsection 2. Section 54 subsections 1 and 2 define the offence of witness intimidation.

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