Start Intimidating witnesses uk

Intimidating witnesses uk

This right presupposes that the prosecution in a criminal case will seek to prove the case against the accused without resort to evidence obtained through coercion or oppression of the accused.

The prosecution must then serve copies of the documents containing the evidence on which the charges are based, no later than 70 days after the date on which the case was sent for trial.

Whilst a section 20 statement can be included within those documents, it should be borne in mind that the witness will have to be called to give evidence unless the content of the statement can be agreed by a formal admission. There are a number of ways a compelled statement can be useful. It is important to bear in mind that, where an offence has been committed by a body corporate, directors, managers, company secretaries or other similar officers of a corporate body may also be guilty of an offence under HSWA section 37. These are people in positions of authority within the corporate body who have both the power and responsibility to decide corporate policy and strategy.

Whether such a person is a suspect in your investigation will depend on the evidence that you have collected. You are under a duty to follow all reasonable lines of inquiry.

This may include investigating the involvement of individuals in any suspected breach.

This means that a director cannot claim the privilege against self-incrimination to avoid incriminating the company or to prevent the company disclosing information that would incriminate the director. Under s 20 HSWA, you have the power to take a copy of documents required to be kept under any of the relevant statutory provisions or that are necessary for you to see for the purposes of your investigation.

You should be aware that the defence may argue that, if such documents are relied upon in a prosecution, this infringes their right against self-incrimination.

Instructions on the use of victim personal statements in HSE investigations are given in OC130/12 . A “victim”, in relation to HSE’s work, is an individual, injured as a result of another person (including a corporate body) committing an offence under the relevant statutory provisions or, where there has been a fatality, the bereaved relatives or partners (including same sex partners).

OC130/12 gives further advice on how “victim” is to be defined in practice for the purposes of the VPS scheme.

Intimidated witnesses are those whose quality of testimony is likely to be diminished by reason of fear or distress at the prospect of giving evidence.

Victims in cases of sexual assault are defined as falling into this category.

where the charge is a summary only offence or where, after the mode of trial procedure, the case is to be tried in the magistrates’ court), compelled statements can be served on the defence: 24.