Witness intimidation

Actus reus

• s.51(1) CJPOA 1994: an act which intimidates another (“the victim”), knowing or believing the victim is assisting an investigation or is a witness/potential witness or juror/potential juror, intending thereby to obstruct, pervert or interfere with the investigation or the course of justice.
• s.51(2): an act which harms (or a threat of harm) because the victim (or another) has already assisted an investigation, given evidence, or acted as a juror.
• The act need not be done in the victim’s presence or to the victim personally (s.51(3)). Harm includes financial harm (s.51(4)).

Mens rea

• s.51(1): intent to intimidate, plus knowledge or belief as to the victim’s role, plus intent to obstruct/pervert/interfere. That intent need not be the only or predominating intent (s.51(5)).
• s.51(2): intent to harm (or to cause fear of harm) and the statutory motive — because of the knowledge or belief about past assistance/evidence/jury service.

Defences

The act was not intimidating / not a harm or threat of harm · No knowledge or belief as to witness, juror or investigation role · No intent to obstruct the investigation or course of justice (s.51(1)) · No “because of” motive (s.51(2))