Witnesses and the criminal justice system.

What is the problem with the attendance of witnesses in court?

Witnesses must attend court as it is necessary for the effective administration of justice .

• It is voluntary for witnesses to attend court.
•  In 2002/03 witnesses not attending court was the reason for 25% of ineffective trials in the crown court and 31% in Magistrates courts.

What can be done to overcome the problem of witnesses attending court?

• A witness summons can be issued if a court is satisfied that a witness is able to produce evidence but will not voluntarily attend. 
• Witnesses who do not comply with this summons will be in contempt of court and may be imprisoned for three months imprisonment in the Crown Court and one month or a £2500 fine in the Magistrates court.

What are the witnesses’ needs?

The main point here is that the Criminal Justice System is in need of improving confidence of witnesses.

Witnesses need:

• To feel they are supported and encouraged to report a crime, come forward and provide information and give evidence at court.
• To give statements without fear of intimidation.
• To be given a fixed date to give evidence in court, without unreasonable waiting times.
• To feel safe and comfortable at court, this could be by the support they receive.
• A system to be placed to protect witnesses and their families.
• An opportunity to familiarise themselves with the court.
• To be given respect and consideration, not feel they are being taken for granted. Witnesses may need to be compensated for loss of earnings and should be thanked.
• Help to cope with distress, especially with children and vulnerable witnesses.
• To be told that their information will help bring the offender to justice and will benefit the community.

What are the aims and objectives of the government and Criminal justice System?

The main objective of the Criminal Justice System is to improve the services to witnesses and increase satisfaction with services.

• Reduce effect of crime on witnesses.

• provide better communication for witnesses
• ensuring case goes ahead on the correct date
• ensure the court is safe to protect witnesses

• Encourage witnesses to come forward

• increase public awareness that witnesses play a vital role in bringing offenders to justice.
• Increasing willingness of witnesses to report information of crimes and give good evidence.
• Make sure police work to tackle intimidation of witnesses and provide protection.

• Offer alternatives to witnesses including different ways instead of going to court.

• put into action such things as live TV links and video recorded evidence.

What changes are being made in relation to witnesses?

There is a need for the Criminal Justice System to be modernised.

There have been a number of changes in recent years that have begun to address the issues.

• The Government has set targets to improve witness satisfaction, as 40% of witnesses would not be witnesses again.
• The government has provided 50 % extra funding to improve the service to more than 100,000 witnesses each year.
• Two bills are currently before parliament that will prove beneficial to witnesses. These will be in force within 5 years time.

Criminal Justice Bill

This bill will allow witnesses to refer to their original statement when giving evidence. If there is good reason, a live TV link can be used to give evidence, this is to reduce the intimidation that witnesses face.

• The bill gives more protection to witnesses from attacks on their character.
• The bill will improve security and reduce intimidation.

Victims and Witnesses Bill

This will provide for the appointment of an independent Commissioner for witnesses. This Commissioner will make sure that there is an effective voice for witnesses and will be focused on the need for improving the witness experience.

• This Bill will set up a new statutory Victims’ Code of Practice that will cover protection, support and information about the case.

Conclusion

 The two new Bills that shall be put into force within the next five years will help the Criminal Justice System with the issues it is faced with at the present time. The new Bills will improve witnesses’ needs, and in all prove to be very beneficial. They should hopefully make witnesses feel safe and feel they can rely on the Criminal Justice System to protect them and their families.

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