Witness intimidation
Produced in partnership with Thomas Evans of 3 Paper Buildings
Witness intimidation

The following Corporate Crime practice note Produced in partnership with Thomas Evans of 3 Paper Buildings provides comprehensive and up to date legal information covering:

  • Witness intimidation
  • Intimidation of witnesses and jurors
  • Revenge against witnesses and jurors
  • Types of harm
  • Proximity
  • Motive
  • Presumed intent
  • Sentencing for witness intimidation under section 51
  • Intimidation of witnesses in all other proceedings other than criminal proceedings

Intimidation of witnesses and jurors

Intimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994). An offence is committed where a defendant:

  1. does an act which intimidates, and is intended to intimidate, another person (the victim)

  2. does 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, and

  3. does it intending to cause the investigation or the course of justice to be obstructed, perverted or interfered with

'Investigation into an offence' means an investigation by the police or other person charged with the duty of investigating offences or charging offenders.

'Offence' includes an alleged or suspected offence.

'Potential', in relation to a juror, means a person who has been summoned for jury service at the court at which proceedings for the offence are pending.

Revenge against witnesses and jurors

The same section creates an offence of threatening or harming a witness in revenge for their having given evidence or assisted in an investigation. This offence is made out where a defendant:

  1. does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other

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