Ref. 28005-79Giving evidence to a court of law may soon be done in witnesses homes. TAMASH LAL finds out how the whole process is being designed to be less intimidating.
THE IDEA of having to give evidence as a witness can be a daunting prospect which is enough to deter many people from coming forward with vital information about a crime.
But while some witnesses might be put off because they are not familiar with the workings of the court room, or do not relish the thought of being torn to shreds by a rottweiller-like barrister, others are reluctant to go to court because of intimidation by criminals.
To address the problem, new measures are being introduced early next year to give greater protection to vulnerable witnesses.
Under the new rules, witnesses who fear harassment will be able to give their evidence by video from their own homes.
Wiltshire Constabulary has just been given a £13,000 grant as part of a Home Office initiative to provide the police with mobile video equipment so vulnerable witnesses do not have to come to court.
The money, from the Home Office Video Facilities Fund, will go towards buying £27,000 worth of equipment for Wiltshire.
Police in Swindon will get two digital video cameras. Officers already have access to some equipment, but the courts are not compelled to allow pre-recorded video evidence from adults as part of a trial.
As of next year, however, judges must accept evidence by video if witnesses are scared of being harassed by the defendant or his or her family or associates.
The Youth Justice and Criminal Evidence Act 1999 already allows for certain groups of people to give evidence by video. This applies to children under 17, elderly and disabled witnesses, people with learning disabilities or mental health problems and victims of sexual offences.
A range of special measures is also available to ease the experience of giving evidence in court for both witnesses and victims.
These include screening the witness box, being asked questions through an intermediary and giving evidence from a separate room in the court building via a live TV-link. Another measure is for judges and barristers to remove their wigs and gowns to create a less formal atmosphere.
Judges also have the power to clear the public gallery to allow witnesses to give evidence more privately.
The measures were introduced because of concerns that police investigations were being hampered by criminals who threaten witnesses. Research for the Home Office has shown that on high crime housing estates, around six per cent of crimes not reported by victims and 20 per cent not reported by witnesses is not brought to the attention of the police because of the fear of harassment.
Researchers also found that around 13 per cent of offences reported by victims and nine per cent reported by witnesses will lead to intimidation.
But Det Insp Paul Jennings, of Swindon police, said that many fears about intimidation were unfounded, and stressed that witnesses have access to support groups, like the Wiltshire Witness Service.
He said: "The time when the vulnerability of witnesses was not taken seriously has long gone, and we now have many measures in place to make life easier.
"Giving evidence by video will also make the whole process a lot easier for people who are scared of intimidation.
"But I would stress that in my experience cases of intimidation are rare, and are often idle threats.
"Sometimes we get cases where offenders have written to victims asking them to drop charges, but we don't get serious intimidation such as extortion.
"We do, however, take any threat of intimidation very seriously."
In some cases, such as domestic violence, the police can issue victims with panic alarms, while in other situations they can help by putting special police patrols in place and referring victims to support groups.
Det Insp Jennings is convinced there are many people in Swindon with information about unsolved crimes, such as the arson attack on the Locarno and Town Hall buildings in Old Town in May, who are not coming forward for a variety of reasons.
"Some people just have a fear of the criminal justice system or do not know much about how it works," he said.
"Many people just don't want to get involved. It is the fear of the unknown.
"But we don't just make witness appeals for the sake of it. We do it because we really need information.
"Too often, people who have information just think someone else will have passed it on to us."
Officers also help make the experience of appearing in court easier by arranging for witnesses to be shown around the court room before a trial starts.
Swindon police station also has a video suite, where witnesses can give evidence in an informal setting.
Children's toys are provided so parents don't have to organise childcare.
In some cases, the police can even arrange transport to get witnesses to court.
Det Insp Jennings was involved with the investigation which led to Glyn Razzell's conviction for murdering his estranged wife Linda in March last year.
Razzell always denied murdering Linda, whose body has never been found, but he was found guilty by a jury at Bristol Crown Court last month, and is now starting a life sentence at Bristol's Horfield Prison.
Det Insp Jennings said: "There were a huge number of witnesses involved in that trial, and it was very sensitive because many were family members or friends.
"Many had never had anything to do with a police investigation before.
"Many of them had children, and they were able to make use of a special area for children at the court."
Tamash Lal
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