This informal CPD article, ‘Witnesses and Justice’, was provided by WRi Academy, who deliver Brand Protection, Investigation, Intelligence Management, Training and Consultancy services to private and public sector agencies.
The criminal justice system in England and Wales requires the prosecution to outline its case to the court in a structured manner which complies with the rules of evidence. This includes the presentation of documents, exhibits and of course witness testimony.
In 2023 over 1.3 million cases were received in Magistrates Courts and over 100,000 in the Crown Court. At the end of December 2024 over 67,000 cases were outstanding in the Crown Court. (House of Commons Library)
Delays in trials are inevitable, and it is important that investigators secure evidence from witnesses as soon as possible. Time can affect memory so the need to record witness testimony is more important than ever.
The importance of witnesses
Witnesses are critical to ensuring that evidence is presented and then challenged by the defence to ensure that a fair trial takes place. There are many different types of witness from the eyewitness to the professional witness but the process of recording and presenting that evidence is the same.
When a witness has been identified it is important for the investigator to consider several things before approaching them and recording a statement. For example, does the witness have any needs or requirements that makes them vulnerable under the Youth Justice and Criminal Evidence Act 1999 (1).
If they are vulnerable, then a video recording of their evidence should be considered as this may become their evidence in chief at court and they may be entitled to additional special measures when it comes to trial.
The approach to all witnesses must be considered in relation to what it is they have to tell and do they have any exhibits / evidence they wish to produce. Every statement must be structured, and the investigator must ensure that the statement is recorded in the words of the witness.
The Witness Charter
In 2008 the government introduced the Witness Charter (2), and this was updated in 2013. This outlined the standards of care for victims and witnesses and covered areas such as being treated with dignity, being kept updated as to the progress of a case and the entitlement to special measures for vulnerable victims and witnesses.
Investigators have for many years taken and collated witness statements as part of an investigation, sometimes without any thought or planning, and this has led to evidence being dismissed by the courts. Therefore, every witness must be initially assessed regarding vulnerability and then the investigator can plan how to record their evidence.
The PEACE model
The PEACE model of interviewing was introduced in the 1990’s (3) and whilst it is primarily aimed at suspect interviews the structure can also be applied to witnesses and victims.
This covers Planning and Preparation, Engaging and Explaining, their Account, Closing the interview and then Evaluating what has been said.
In summary, witnesses are vital to the criminal justice system, and it is crucial that investigators approach witnesses in a professional manner and value the evidence that a witness can provide. If witnesses feel confident and valued, they will be helping to ensure that justice is done.
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REFERENCES
(1) https://www.legislation.gov.uk/ukpga/1999/23/contents
(2) https://www.nationalcrimeagency.gov.uk/who-we-are/publications/425-the-witness-charter-standards-of-care-for-witnesses-in-the-criminal-justice-system/file
(3) https://www.fis-international.com/assets/Uploads/resources/PEACE-A-Different-Approach.pdf
