Witness Names and Addresses
This Guidance was last updated on 14th December 2007.
Principle
General
The CPS is committed to the proper care and treatment of witnesses.
The general requirement is that a witness at the beginning of his or her evidence is asked to state his or her full name (Archbold 8-69). Unless it is necessary for evidential purposes, witnesses should not be required to disclose their addresses in open court (Archbold 8-71c). There are departures from these general principles in certain circumstances.
Guidance
Police Practice when Taking Statements
The Police will:
- Record the witness's name and address on the back of the first page of the original statement (MG11);
- When taking a statement assess whether the witness is either vulnerable or at risk and ensure that this is brought to the attention of the officer in charge of the case;
- Communicate to the CPS any information that a witness is vulnerable or at risk, including completing an MG2 (Special Measures Assessment) in appropriate cases.
- Ensure that the witness's address is not inadvertently or without good reason revealed in the body of the statement or in any other document which might be revealed to the defence e.g. receipt for repairs, medical reports;
- Ensure that the addresses of witnesses are not on the typed copies of witness statements;
- Supply the CPS with a separate list of witnesses' names and addresses on form MG9.
Advanced Disclosure, Section 9 Statements, Committal, Section 51 Prosecution Files and Notice of Further Evidence
As a general rule you must ensure that witnesses' addresses are not disclosed.
However, there will be cases where the address of a witness will be material for evidential purposes, e.g.:
- a witness whose house has been burgled;
- a witness who sees an assault from a window overlooking a street.
In such cases it will be difficult to conceal a witness's address, but care must be exercised where the safety of the witness is believed to be at risk.
Some witnesses may be reluctant to appear in court, or even to make a statement that might lead to their becoming a witness in court, on the grounds that it would become evident from their statement that they are lesbian, gay, bisexual or a trans person and that it would cause them harm if this was reported in the media, or became known in the community. This raises a human rights issue (Art. 8 and Art. 5 in some cases), which prosecutors may wish to take account of. In some cases, problem can be worked around with assistance from the police and/or local LGBT community support resources. The Legal Guidance on Prosecuting Cases of Homophobic and Transphobic Hate Crime provides further information.
Rule 21.4 of the Criminal Procedure Rules 2005 (Stone's Justices' Manual, 1-7441) provides for non disclosure if the prosecutor is of the opinion that there is a risk of witness intimidation or the course of justice being interfered with. Notice in writing must be given in writing to the effect that certain advance information is being withheld. The file must be endorsed with the reason(s) why the advance information is being withheld.
Except where it is clear that the defence already knows the address of a witness, the police must be informed before disclosure of the address of a witness takes place, so that they can notify the witness.
Anonymity
Guidance on Witness Protection and Anonymity is available on the Infonet Victims & Witnesses page.
Procedure
Defence Request to Interview Witnesses
You may receive a request from the defence to interview witnesses. (refer to Interviewing Witnesses for the Other Side, elsewhere in this guidance).
Requests by the Defence for the Disclosure of Witnesses' Addresses for Evidential Reasons
Requests by the defence for disclosure for evidential reasons of a witness's address (e.g. because the location of the address is relevant) should be in writing and contain reasons relevant to the particular case as opposed to "blanket" reasons.
Each request for disclosure should be dealt with by an experienced lawyer or Head of Unit.
Each request must be dealt with on its merits taking into account all the circumstances of the case. The police must be consulted so that they can consider the vulnerability of the witness.
If a decision is taken to disclose the address, the police must be informed so that the witness can be advised accordingly.
If a decision is taken not to disclose the address and the defence do not accept this decision, they must apply to the court if they still require the address.
If the defence apply to the court, sufficient notice should be given so that the police officer in the case can attend and give evidence as to why the address should not be disclosed.
If the court orders disclosures of the witness' address the officer will be aware of the situation and will be able to inform the witness of the court's decision.
Useful Links
- Disclosure of unused material
- Code for Crown Prosecutors
- Interpreters
- Sending cases to the Crown Court
- Child abuse
- Costs
- Interviewing Witnesses for the Other side