Intimidating or Harming Witnesses and Others

Adam Law Solicitors offer expert legal advice for anyone facing, or worried about facing, prosecution for Intimidating or Harming Witnesses and Others. We have a dedicated criminal defence team who have many years experience of all charges of criminal activity.

If you are concerned you may be facing charges for Intimidating or Harming Witnesses and Others, or are already facing charges, it is essential you contact us as quickly as possible. Phone us now on 0114 256 0111, or email us or use the form on this page.

Intimidating or Harming Witnesses and Others – Criminal Proceedings

Attempts are often made to threaten or persuade a witness not to give evidence, or to give evidence in a way that is favourable to the defendant. Such offences go to the heart of the administration of justice.

Section 51 Criminal Justice and Public Order Act 1994 creates two offences:

51(1) creates an offence directed at acts against a person assisting in the investigation of an offence or is a witness or potential witness or juror or potential juror whilst an investigation or trial is in progress; and
51(2) creates an offence directed at acts against a person who assisted in an investigation of an offence or who was a witness or juror after an investigation or trial has been concluded.

The offences are triable either way. In the magistrates’ court, the maximum penalty is six months’ imprisonment and/or a fine to the statutory maximum. In the Crown Court, the maximum penalty is five years’ imprisonment and/or a fine.

Section 51 is concerned with the protection of persons who are involved with criminal, as opposed to civil, investigations and/or trials. The section is not concerned with protecting evidence from being tampered with or fabricated, which may amount to the offence of perverting the course of justice, or one of the other statutory alternatives relating to written or other forms of evidence, referred to elsewhere in this Charging Standard.

Section 51(1): Intimidation of Witnesses/Jurors

A person commits an offence contrary to s.51(1) when doing to another person:

an act which intimidates, and is intended to intimidate, that other person;
knowing or believing the other person is assisting in the investigation of an offence or is a witness/potential witness or a juror/potential juror in proceedings for an offence;
intending thereby to cause the investigation or course of justice to be obstructed, perverted or interfered with.

If a person does an act which intimidates another with the requisite knowledge or belief then he is presumed to have done so with the necessary intent unless the contrary is proved (s.51(7)).

Examples of the type of conduct of intimidating include:

orally or in writing threatening a witness not to make a statement to the police;
damaging or threatening to damage the property of a potential witness in such a way that the witness will know or believe that it is linked to him assisting an investigation or giving evidence;
staring at witnesses waiting to give evidence at court or at jurors, in an intimidating manner;
intending to intimidate a juror by following a juror away from the court building before the trial is concluded;
assaulting or threatening to assault a relative or friend of a witness or juror in such a way that he/she will know that it is linked to him/her giving evidence or trying the case.

Section 51(2): Harming People who have Assisted the Police/Given Evidence/Been a Juror

A person commits an offence contrary to Section 51(2) when doing to another person:

An act which harms and is intended to harm another person, or intending to cause another person to fear harm, threatens to do an act which would harm that other person.
Knowing or believing 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, and
the act is done or the threat is made because of that knowledge or belief.

Harm done or threatened may be financial or physical, whether to person or property. Such cases apart, harm in this context is to be given its ordinary meaning of “physical harm” R v Normanton 1998, CLR. In that case the harm alleged was spitting in the face of the victim. Whilst that amounted to an assault, it was held the impact of the spittle would not, in itself, cause harm as required under the Act.

The Section 51(2) offence is directed at acts committed after an investigation or trial is concluded and is aimed at those who wish to take revenge against witnesses, jurors and those involved in the investigation of offences. It is unlikely, therefore, there will be an overlap with other public justice offences.

If you are concerned you may be facing charges for Intimidating or Harming Witnesses and Others, or are already facing charges, it is essential you contact us as quickly as possible. Phone us now on 0114 256 0111, or email us or use the form on this page.

This article is based on public sector information licensed under the Open Government Licence v2.0. The original information can be found here; https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard