Witness Protection & Support

Helping witnesses give evidence in the criminal courts

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From ‘special measures’ to assist witnesses giving evidence, Witness Anonymity Orders and reporting restrictions, to restrictions on cross-examination, criminal offences of Witness Interference and Taking Revenge, and Witness Protection Programmes, there are a range of measures to assist witnesses to give evidence in criminal cases.

On this page:

  • Special Measures to assist witnesses

  • Who are special measures available for?

  • Witness Anonymity Orders

  • Reporting restrictions for witnesses

  • Restrictions on cross-examination of witnesses

  • Intererence with witnesses - criminal offences and contempt of court

  • Bail and witness interference

  • Witness Protection Programmes - relocation and other arrangements

 

Helping witnesses to give their best evidence

There are a range of measures to assist witnesses to give evidence in criminal cases. On this page you will find further details, including Special Measures, Witness Anonymity Orders, reporting restrictions, restrictions on cross-examination, criminal offences of Witness Interference and Taking Revenge, and Witness Protection Programmes.

Special Measures

What are Special Measures for witnesses?

Some witnesses will require assistance with giving evidence for a number of reasons, such as through vulnerability, intimidation, fear or distress at recounting a traumatic event. 

For these reasons, there are a number of ‘special measures’ which the court can grant to help witnesses give evidence. These are:

  • Screens (these go round the witness box to prevent the witness seeing the defendant or public gallery, but the witness will be able to see the magistrates/judge/jury and the advocates);

  • Pre-recorded evidence-in-chief (video recording carried out before the trial and avoiding the need for the witness to be present in open court);

  • Live video link (often used in conjunction with pre-recorded evidence-in-chief, allowing the witness to avoid going into open court and to be cross-examined via live video link from another location);

  • Pre-recorded cross-examination and re-examination (when combined with pre-recorded evidence-in-chief) will prevent the need for a witness to attend trial;

  • Giving evidence in private (allowing for the public gallery to be cleared where there is fear of intimidation and in relation to some specific offences);

  • Use of intermediaries (to assist communication with vulnerable witnesses. Intermediaries are independent and produce a written report on the witness, including questions he/she may find difficult to follow. This report will be taken into account at a pre-trial ‘Ground Rules Hearing’ (GRH) where advocates will give the judge the questions they intend to ask the witness. The GRH ensures the fair treatment and participation of witnesses. The court can pertmit vulnerable defendants to use intermediaries);

  • Communication Aids (such as dolls, drawings, calming objects and voice output communication aids to assist vulnerable witnesses);

  • Removal of wigs and gowns in the Crown Court (to make the atmosphere less formal for vulnerable witnesses or defendants).

Where special measures are used in the Crown Court by prosecution witnesses, the judge will direct the jury not to hold that fact against the defendant.

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