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Intimidating a witness or juror

s.51Criminal Justice and Public Order Act 1994

Intimidating someone you know or believe is helping an investigation, or is a witness or juror, intending to obstruct justice, or harming or threatening someone because they have helped an investigation, given evidence or served on a jury.

Intimidating a witness or juror · Criminal Justice and Public Order Act 1994, s.51Card 112 / 85

Points to prove

s.51(1)Did an act which intimidated, and was intended to intimidate, another person (the victim)
s.51(1)Knowing or believing that the victim was assisting in the investigation of an offence, or was a witness or potential witness, or a juror or potential juror, in proceedings for an offence
s.51(1)Intending by the act to cause the investigation or the course of justice to be obstructed, perverted or interfered with
s.51(2)Did an act which harmed, and was intended to harm, another person, or threatened to do an act which would harm them, intending to cause them to fear harm
s.51(2)Knowing or believing that the victim, or some other person, had assisted in an investigation into an offence, given evidence in proceedings for an offence, or acted as a juror or concurred in a particular verdict
s.51(2)Did or threatened the act because of that knowledge or belief

Key definitions

Investigation into an offence – s.51(9): an investigation by the police or any other person charged with the duty of investigating offences or charging offenders.
Offence – s.51(9): includes an alleged or suspected offence.
Potential juror – s.51(9): a person summoned for jury service at the court where the proceedings are pending.
Harm – s.51(4): can be financial as well as physical, to the person or their property.
Presence of the victim – s.51(3): it does not matter that the act is done, or the threat made, away from the victim or to someone other than the victim.
Intention and motive – s.51(5): the intention (s.51(1)) or motive (s.51(2)) need not be the only or main one.
Presumptions – s.51(7): for s.51(1), once the act and the knowledge or belief are proved, the intention to obstruct justice is presumed unless the defendant proves otherwise. s.51(8): for s.51(2), if the act or threat was within the relevant period and with the knowledge or belief, the motive is presumed unless the defendant proves otherwise.

Good to know

Relevant period – s.51(9): for a witness or juror, from the start of proceedings until one year after the trial (or any appeal) ends. For someone who only helped an investigation, one year from their act of assistance.
The common law offence of perverting the course of justice is kept alongside this offence (s.51(11)).

Legislation: Criminal Justice and Public Order Act 1994, s.51 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)