Youth Justice and Criminal Evidence Act 1999

22 (1) Section 51 (intimidation etc. of witnesses, jurors and others) is amended as follows. E+W

(2) For subsections (1) to (3) (offences of intimidating, and of doing or threatening harm to, witnesses etc.) substitute—

“(1) A person commits an offence if—

(a) he does an act which intimidates, and is intended to intimidate, another person (“the victim”),

(b) he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and

(c) he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.

(2) A person commits an offence if—

(a) he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,

(b) he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed (“the victim”), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and

(c) he does or threatens to do it because of that knowledge or belief.

(3) For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made—

(a) otherwise than in the presence of the victim, or

(b) to a person other than the victim.”

(3) In subsection (8) (presumption in proceedings for offence under subsection (2))—

(a) for “he did or threatened to do an act falling within paragraph (a) within the relevant period” substitute “within the relevant period—

(a) he did an act which harmed, and was intended to harm, another person, or

(b) intending to cause another person fear of harm, he threatened to do an act which would harm that other person,

and that he did the act, or (as the case may be) threatened to do the act, ”; and

(b) after “to have done the act” insert “ or (as the case may be) threatened to do the act ”.