Phasing Of Witnesses
Updated 08/02/08
Principle
The CPS is committed to the proper care and treatment of witnesses and ensuring that they are put to a minimum of inconvenience.
Phasing the attendance of witnesses will contribute towards achieving this objective.
Every effort should be made to phase the attendance of witnesses in trials at both Crown Court and magistrates' court when it is appropriate and practicable to do so.
You must make arrangements to ensure that, as far as possible, witnesses are not kept waiting for more than two hours. The Code of Practice for Victims of Crime imposes an obligation on court staff to ensure that, as far as is reasonably within their control, victims do not have to wait more than two hours before giving evidence in criminal proceedings (paragraph 8.6).
Guidance
Phasing of witnesses should be considered for all trials but is likely to work best in trials involving several witnesses and expected to last 3 days or more.
Prior consultation with the defence should enable you to inform a witness that his or her attendance is required during the morning or afternoon sitting on a given day. Close contact with the Witness Care Unit about witness requirements will also be needed.
Police officers should be treated with the same courtesy as other witnesses. Try to avoid having too many officers at court at any one time keeping in mind police operational needs.
In Crown Court cases you will need to request a fixed date of trial in appropriate cases, For example, cases which involve:
- Sensitive issues - child abuse; child witnesses; rape;
- Expert or professional witnesses;
- Elderly, infirm or disabled witnesses;
- Witnesses from abroad, or with some distance to travel.
In sensitive cases take particular care when liaising with the Witness Care Unit over the timing of the attendance of witnesses, especially the victim.
Bear in mind that witnesses may have special requirements, eg religious observance, dietary regime, medication regime, which might make it difficult for them to attend court at certain times or certain days.
In Crown Court cases keep the need for witnesses to attend at a given time under review. Do so throughout the course of the trial, but especially at the luncheon adjournment and at the end of a day's hearing.
Once at court, if a case listed for trial is adjourned or a guilty plea entered ensure that all witnesses are told without delay. De-warn any witnesses who are on standby, and note the file accordingly. Those witnesses present who wish to leave can do so whilst others will get the chance to see the proceedings if they wish to do so. Those who choose to remain should be informed that expenses, other than travel costs, will normally be paid only for the period up to the point at which their attendance becomes voluntary.
Procedure
Pre-Trial Reviews and Plea and Case Management Hearings
In all but the most straightforward cases, a pre-trial review (Magistrates Court) or Plea and Case Management Hearing (Crown Court) will usually be held. At this hearing witness requirements should be fully addressed and any special requirements of witnesses brought to the attention of the court.
(refer to Warning Witnesses, Procedure, this guidance).
Prosecuting Advocate to Consider Phasing
Where relevant, consideration should be given to the order of witnesses and timing of their attendance. Particular attention should be paid to victims (especially those who are vulnerable or intimidated), child witnesses and professional or expert witnesses. The order of witnesses should be agreed with the defence. If agreement cannot be reached before or at PCMH, the advocate should invite the judge to make a direction that the defence confirm their witness requirements within seven days in writing.
Professional and Expert Witnesses
Professional and expert witnesses who can be contacted by telephone and can get to court quickly should be warned to be on standby. As a general rule the witness will need to be able to get to court within one hour of receiving the telephone call.
If an expert witness is to be called by the prosecution on the first day of the trial, inform the defence solicitors and tell them when we intend to call the witness. This enables the defence to make appropriate arrangements for their expert to attend court and hear the prosecution expert's evidence.
Tell the advocate in the brief if a professional or expert witness is to be warned on a standby basis. The advocate should be asked to advise if the attendance of the witness is required earlier.
Monitoring
It is your responsibility to chase up matters or make sure someone does so concerning witness requirements, particularly where the defence do not comply with pre-trial review directions or the advocate does not respond to instructions in the brief.
Useful Links
Disclosure of unused material
Code for Crown Prosecutors
Interpreters
Sending cases to the Crown Court
Child abuse
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