Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make an assessment of the level of risk posed to witnesses of non-violent crimes; and whether he has had recent discussions with Cabinet colleagues on taking steps to help ensure that witnesses understand their right to anonymity.

The government takes the matter of witness intimidation extremely seriously and there are specific offences to deal with it. Under the Witness Charter all witnesses receive an initial needs assessment from the police, which includes whether they are a vulnerable or intimidated witness and would benefit from special measures, including at the discretion of the court giving evidence behind screens or via a live video link to the court room.

Furthermore, the police will also seek to identify whether a witness is at risk of intimidation. If a prosecution witness has suffered or is at risk of intimidation the police will inform the prosecution. If the witness has concerns about the granting of bail or if the defendant has a history of witness intimidation, the prosecution will consider what additional measures may be appropriate at the time the defendant is charged and throughout the period up to trial.

Witnesses do not have a right to anonymity, but victims of sexual offences have automatic reporting restrictions prohibiting publication of their identity. Adult witnesses who are not the victims of a sexual offence but who experience fear and distress at the prospect of being publicly identified, may be eligible for reporting restrictions at the discretion of the court. In very exceptional circumstances witnesses may receive a witness anonymity order which can, to varying degrees determined by the order, hide the identity of the witness when giving evidence in open court. However, whether to grant such an order is a matter for the court and there is an extremely high threshold for doing so.