What is Witness Interference and Is It an Offence?

Witnesses play an essential role in the criminal justice process, providing evidence that can help establish the facts of a case. Their testimony may support the prosecution or assist the defence. As a result, any allegation of witness interference is treated seriously by the courts and can lead to serious criminal charges.

What is witness interference?

Witness interference refers to any behaviour that is intended to influence, prevent or alter the evidence that a witness gives in a criminal investigation or criminal court proceedings.

This can include:

• Threatening or intimidating a witness.
• Offering money or other incentives in exchange for changing their evidence.
• Pressuring someone to withdraw a statement.
• Encouraging a witness to give false evidence.
• Attempting to stop a witness from attending court.
• Contacting a witness when bail conditions or a court order prohibit it.

Is witness interference a criminal offence?

Depending on the circumstances, conduct amounting to witness interference may result in offences including, for example, witness intimidation and perverting the course of justice.

Witness intimidation

Witness intimidation is a specific criminal offence under section 51 of the Criminal Justice and Public Order Act 1994. A person may commit this offence if they intimidate or threaten a witness, juror or someone assisting with a criminal investigation with the intention of affecting the investigation or the evidence that is given.

Witness intimidation can occur at any stage of the criminal justice process, including during a police investigation, before a trial begins, while proceedings are ongoing, or after a case has concluded.

The consequences of a conviction for witness intimidation can be severe. The offence can carry a significant prison sentence, particularly where threats, violence or repeated attempts to interfere with a witness are involved. The courts will consider factors such as the seriousness of the intimidation, the effect on the witness, whether weapons or threats of violence were used, and whether the offence was planned.

Perverting the course of justice

One of the most serious offences that can arise from witness interference is perverting the course of justice. This common law offence applies where a person deliberately acts in a way that interferes with the proper administration of justice. Examples may include encouraging a witness to provide false evidence, pressuring them to alter their account, or attempting to prevent them from giving evidence.

To prove an offence of perverting the course of justice, the prosecution must generally show that a person carried out an act which had a tendency to pervert the course of justice and that they intended to do so. This means that allegations are not limited to actions that successfully change the outcome of a case but also includes attempts to interfere with the justice process.

Perverting the course of justice is an indictable-only offence, meaning it can only be dealt with in the Crown Court. It carries a maximum sentence of life imprisonment, although the sentence imposed will depend on the circumstances of the individual case. Factors that may affect the seriousness of the offence include the level of planning involved, whether threats or intimidation were used, whether a witness was successfully influenced, and the impact on any criminal proceedings.

A conviction for perverting the course of justice can have significant long-term consequences. In addition to the possibility of a custodial sentence, a conviction may affect future employment opportunities, professional reputation and personal circumstances. The seriousness with which the courts view this offence reflects the importance of protecting the integrity of the criminal justice system.

What should you do if you are accused?

If you are arrested or investigated for witness interference or perverting the course of justice early legal advice can make a significant difference to the outcome of an investigation.

Allegations involving witness interference are often supported by digital evidence, witness accounts and police interviews. An experienced criminal defence solicitor can:

• Advise you during a police investigation.
• Challenge the prosecution’s evidence.
• Ensure your rights are protected during interview.
• Identify weaknesses in the prosecution case.
• Represent you throughout court proceedings if you are charged.

Contact Our Criminal Defence Solicitors

Our experienced criminal defence solicitors provide clear, practical advice and robust representation from the police station through to the Magistrates’ Court and Crown Court. If you are under investigation or have been charged with an offence, contact our team today for confidential legal advice.

Contact us on 0207 8464 999 or at [email protected] to arrange an appointment with one of our senior lawyers.