The witness had given three statements to police officers. Some time before the trial, the defendant was released, and the witness gave a further statement declining to give evidence on the basis that he was frightened for himself and his family of reprisals. By the time of the trial, it had been three months since he had been seen. The trial judge admitted the written statements. On appeal the defendants argued that they should not have been admitted without evidence as to the state of the witness’ mind at the date of the trial. The appeal court agreed. What mattered was not the historical state of fear, but its presence or absence at the date of the trial. Each case was to be approached according to its own circumstances. Officers should give evidence as to the efforts made to persuade the witness to attend. Consideration should also be given to the use of video links and other ways of ameliorating the fear.
Citations:
Times 06-Jul-2001
Statutes:
Criminal Justice Act 1988 23 26
Jurisdiction:
England and Wales
Criminal Evidence
Updated: 03 August 2022; Ref: scu.88489
