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CPS publishes proposals for offering more support to witnesses in court (28 January 2015)

Date: 28/01/2015
Duncan Lewis, Legal News Solicitors, CPS publishes proposals for offering more support to witnesses in court

The Director of Public Prosecutions (DPP) Alison Saunders has published new proposals to offer witnesses giving evidence in court more help and support.

Ms Saunders has called for an overhaul of the service provided by the Crown Prosecution Service (CPS) to witnesses, to ensure that they are able to give the best possible evidence.

The consultation process on the new proposals will remain open for eight weeks from the date of their publication on 19 January.

Ms Saunders said:

“Asking someone to come to court without any idea of what they face in the witness box does not seem fair to me.

“To stand up in a formal setting and to be asked sometimes difficult and personal questions in front of a court full of strangers is a very big ask.

“In coming to court to give evidence, victims and witnesses are performing an important public service and I think we can assist them better – and I know from talking to victims that it is often not knowing what they will face that is most daunting.

“This guidance seeks to improve our support to victims through this process –
and they will give prosecutors confidence to do so without fear of allegations of coaching.”

The proposals to help witnesses in court are:

• Inform witnesses about the general nature of the defence case where known (e.g. mistaken identification, consent, self-defence, lack of intent)
• Inform witnesses of the fact that third party material has been disclosed to the defence which is capable of undermining the prosecution case (e.g. social services, medical or counselling records)
• Inform witnesses if leave has been granted to the defence to cross examine them on bad character or sexual history
• Introduce themselves to witnesses and explain their role
• Explain court procedure, including the oath taking and the order of the questions from various parties
• Encourage witnesses to ask the advocate or judge to repeat or rephrase the question should they not understand
• Remind witnesses that if they cannot recall an answer to a particular question, they should not be afraid to say so.
• Encourage witnesses to refresh their memory by asking to see their witness statement and go through it before answering questions in court
• Explain the role of defence advocates and encourage witnesses to say clearly whether they agree or disagree with any suggestion put to them
• Encourage witnesses to ask for a break from questioning should they genuinely need one to restore concentration or compose themselves emotionally.

Ms Saunders added:

“Cross-examination within our system is designed to cast doubt on the prosecution's version of events.

“It's a vital part of the process and all of us in the criminal justice system are committed to making the process fair for the defendant, because it is their liberty and reputation at stake.

“But I do think that we can make the courts fairer for victims and witnesses –
while maintaining the vital balance which ensures fair trials for those in the dock.

“These proposals allow us to give more support to one side, without taking away the right to a fair trial for the other.”

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