Define intimidating witness

13-Feb-2021 18:28

This of course imposes a reverse legal burden on the defendant.So the defendant must prove this defence on the balance of probabilities- so that is more likely than not, this is a lower burden than that imposed upon the defendant to prove the rest of the offence- they have the burden of making the jury sure or in layman’s terms beyond reasonable doubt.This includes influencing the witness or victim to: Intimidation can be directed at the victim, witness, family member of the witness' or victims' family, or person in a close relationship with the victim or witness.

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It is also important that all surrounding circumstances of the alleged intimidation are thoroughly investigated- often the offence does not occur in a vacuum and investigation of extraneous evidence such as text messages, CCTV and other potential evidential background should be undertaken.Retaliation against a witness is a class 3 felony, with penalties including 4 to 12 years in prison and up to 0,000 in fines.Bribing a juror involves offering or agreeing to offer money or any other benefit upon a juror to influence the juror's vote or opinion.The law in relation to witness intimidation is set out in s51(1) of the Criminal Justice and Public Order Act 1994.

It states that a person commits an offence if he ‘does an act which intimidates, and is intended to intimidate another person and he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence and he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.’ The person complaining against the defendant must actually be intimidated, the offence cannot be committed if they were not (R v N(Z) 2013)- there is no judicial definition of intimidation but the dictionary definition is ‘to frighten or threaten someone, usually in order to persuade that person to do something that you want them to do’.Subsection 5 states that the intention and motive required need not be the only or the predominating intention or motive with which the act is done or threatened.