The Youth Justice and Criminal Evidence Act 1999 (YJCE) allows special measures for certain groups of witnesses who may be vulnerable or intimidated. While significant witnesses are usually defined with reference to indictable-only offences, investigating officers may consider designating witnesses as significant in any other serious case where it might be helpful.Ī police officer who has witnessed murder, manslaughter, road death, serious physical assault, sexual assault, kidnap, robberies in which firearms are involved or any criminal attempts or conspiracies in relation to these offences should also be considered a significant witness. have a particular relationship to the victim or have a central position in an investigation into an indictable offence.have or claim to have witnessed, visually or otherwise, an indictable offence, part of such an offence or events closely connected with it (including any incriminating comments made by the suspected offender either before or after the offence) and/or.Significant witnessĪccording to Ministry of Justice (2022) Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures, significant witnesses, sometimes referred to as ‘key’ witnesses, are those who: A witness must be legally competent to testify.
One who gives testimony under oath or affirmation, in person, by oral or written deposition or by affidavit’. a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence.’īlack’s Law dictionary defines a witness as ‘one who sees, knows or vouches for something.‘a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence.
Witness to a crime code#
The Code of Practice for Victims of Crime in England and Wales, November 2020 defines a victim as: The team produce reports drawing police practice lessons based on a variety of credible sources: see November 2022 – Voice of the Child Practice Briefing. The Vulnerability Knowledge and Practice Programme team has introduced a new resource for officers and staff who work with children and young people – see Voice of the child for information. National support for law enforcement agenciesĬall the NCA Major Crime Investigative Support on 03 and speak with an officer for advice and support regarding vulnerable and intimidated witnesses. This can have a significant impact on how witnesses cooperate with the investigation and any subsequent prosecution. Investigators, whether tasked with a volume crime or major investigation, must recognise the individual needs and concerns of witnesses and treat them with dignity and respect.
The success of any investigation depends largely on the accuracy and detail of the material obtained from witnesses. All victims have ‘Rights’ set out in the Code of Practice for Victims of Crime. All victims are also witnesses and should be treated as such. A witness is a person, other than a defendant, who is likely to give evidence in court.
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