Witness protection
Witness protection is often required when witnesses are fearful of giving evidence because they believe that they or their family may be at risk of harm if their identity is revealed to the defendant or their associates during or following criminal proceedings.
This is often particularly the case in prosecutions for homicides, gun crime and organised crime.
If prosecutors or police are informed that a witness in proceedings is fearful of giving evidence, they must liaise in order to arrange appropriate protection to assure the witness that they can give evidence without facing any repercussions.
Under certain circumstances, the courts can take special measures to protect vulnerable and intimidated witnesses, including those who are afraid of giving evidence and victims of a sexual offence. These special measures may range from asking the public to leave the courtroom whilst they give evidence to the relocation and full identity change of the witness.
‘Intimidated’ witnesses
If witnesses in criminal proceedings are considered to be ‘intimidated’ then special measures can be taken under the Youth Justice and Criminal Evidence Act 1999 (YJCEA). These may involve screening the witness from the defendant, allowing them to give evidence by live television link and allowing them to give evidence in private. In order for a witness to qualify as ‘intimidated’, the courts will consider various factors including the circumstances of the offence, behaviour displayed towards the witness by the defendant or his associates, and the age and background of the witness.
Reporting Restrictions
Under the YJCEA, adult witnesses can be made the subject of a reporting restriction, which means that matters relating to them cannot be included in any publication during their lifetime if it is likely to identify them. Under the Sexual Offences (Amendment) Act 1992 (as amended), anonymity in the press should be granted to the victim of a rape or other sexual offence listed in the act.
Hearings in private
Under some circumstances, hearings can take place in private, with the public excluded from the courtroom. This is known as holding a trial in camera.
Full witness protection
In really serious cases, often involving gun crime or homicide, the risk to witnesses might be great enough to necessitate their relocation and a change of identity. Witness protection, under the Serious and Organised Crime and Police Act 2005, is normally arranged when witnesses are at risk of serious personal harm as a result of providing crucial evidence. These people are afforded protected-person status under the Act and protective measures are arranged by either a dedicated Witness Protection Unit within a local police force, or by a specific member of staff for forces that do not have a dedicated unit.
This extent of witness protection is very distressing and has serious consequences for the witness, as it essentially involves trading in their old life for a new one. This means moving house and changing their identify, often resulting in the breakdown of marriages and other family relationships and the severing of communication with friends and family. This type of witness protection is therefore used sparingly only in the most serious cases.
- Source:
- FindLaw
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