Intimidating a witness uk
They should be questioned in a formal interview under caution in accordance with the provisions of PACE. You should see also OC130/8 for information on the prosecution of individuals. Every person has a right not to incriminate themselves, both under domestic law and under the fair trial provisions contained in Article 6 of the European Convention on Human Rights.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.towards the person best placed to control the risk). Usually, you will only be in a position to decide whether an individual should be interviewed under caution once those lines of inquiry are completed.If, at that stage, you are satisfied that a person in a senior position is not a suspect, then you can, if necessary, request a statement from that person. This category will include managers, supervisors and other similar people who do not fall within the category above.
However, it is also important to record anything that may open up a new line of enquiry or help in corroborating other information. A s9 statement is taken from a person who has voluntarily given the statement. If they do, their evidence should be recorded on an LP70. You should ensure that the witness has the opportunity to check the contents of the statement and make any corrections before s/he signs it.
Section 20(7) HSWA protects this right by preventing the use of a compelled statement against the maker of the statement (and their spouse or civil partner). Although a compelled statement taken under section 20(2)(j) is not admissible in evidence against its maker, there may be situations where it will be necessary to rely on the evidence of a director who has been compelled to make such a statement, against the company. It may be argued later that the director should be regarded as "the company" and therefore cannot be compelled to give evidence against the company as this would infringe the company's right against self-incrimination. However, the courts have held that, although the general privilege against self-incrimination, which allows a person to refuse to answer a question that could expose them to a risk of prosecution, can be claimed by a company or any other body with legal personality, it is limited to the person who makes the statement.
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.
Whilst rare, it is a serious offence to intimidate a prosecution or a defence witness.
If you are a prosecution witness who has suffered or is at risk of intimidation: You should always dial 999 if you think you are in immediate danger.