Witness Protection
Why witnesses need protection
If you have witnessed a crime, particularly one involving a large criminal organisation, you are in an important and vulnerable position.
Many court cases would collapse if it wasn’t for the testimonies of witnesses; in fact, criminals will sometimes be advised only to plead guilty to those charges for which witnesses have been called. Due to the European Convention of Human Rights, Article 6, defendants have a right to a fair trial. To ensure this principle is enacted, defendants have the right to identify the witnesses involved.
Clearly, criminals with a lot to lose have a vested interest in ensuring key prosecution witnesses are unable or unwilling to testify. Once their identity is known, this can be achieved by intimidating witnesses or threatening them with physical harm. This can be carried out either directly, or through accomplices, particularly in organised crime scenarios where criminals are often part of an extensive and elusive network. Even after prosecution, it is sometimes possible for criminals to seek to exact revenge on witnesses.
Therefore, if a witness is in fear of real or potential intimidation it is very important that they consider witness protection. With the agreement of the court, provisions can often be made to protect vulnerable witnesses. This might include giving evidence in private or via live video link, or being screened from the defendant. In some cases (depending on the nature of the crime and other factors) an application for anonymity will be considered. Such special measures are often only granted if the court believes your evidence will be altered through a fear of harm. Even then, you may need to apply in advance and in writing for this type of witness protection. It is therefore of prime importance that a witness acts promptly on their fears.
Sometimes, the trial judge will apply his/her discretion in allowing witnesses to withhold or conceal their names.
In addition, reporting measures can sometimes be granted which prevent the publication of identifying material, sometimes fro the lifetime of the witness. Again, this kind of measure requires a written application and is not guaranteed to be approved.
Depending on individual circumstances, witnesses may require protection for the period of the trial or, for more dangerous situations, may need lifelong protection, often involving a change of residence and/or a change of identity. The methods used to re-house and protect such witnesses are themselves protected secrets.
Feel secure with Gemstone
There is currently no national witness protection program in the UK. However, with our private security expertise, Gemstone are ideally placed to support the local police and other authorities in implementing a watertight witness protection program. This can include assisting the police in making a successful application for special measures, if they apply in your case.
We will provide round the clock protection for you and your family, and can provide:
• Personal security
• A safe house or other secure location
• Transport to and from your court case
• Effective communication with key local authorities
• Relocation
If you have been a witness to a crime, and believe you are currently or likely to be at risk of intimidation or violence, please call us today. Remember, applications for special measures may need to be put in writing so don’t delay.
