Project improves witness attendance at Court

13/12/2004

Specialist witness care units improved witness attendance at court by nearly 20 percent in five criminal justice areas according to an independent evaluation report into the pilot phase of 'No Witness No Justice', a joint Crown Prosecution Service and police project.

The pilot areas Essex, Gwent, South Yorkshire, North Wales and West Midlands also saw a 27 percent decrease overall in the number of trials which had to be adjourned to a later date as a result of witness difficulties.

Further benefits from the pilots included:

• A 17 percent drop in cracked trials where the witness withdrew their statement or didn't attend. These cases would probably have failed on the day a trial was due to start had the witnesses not turned up.
• A 10 percent increase in the number of 'positive' cracked trials due to late guilty pleas. These cases were successful, the report says, because the witnesses did attend court, leading the defendant to plead guilty.
• Improved levels of witness satisfaction.
• A seven fold increase in the take up of victim personal statements, which give victims the opportunity to express how the crime has affected them.
• More victims and witnesses attending pre-trial court visits.

'No Witness No Justice' was commissioned by the Prime Minister, Tony Blair and the Attorney General Lord Goldsmith QC in March 2003. The pilot witness care units (WCUs), which brought police and CPS together for the first time to improve witness care, were established from July 2003 and in February this year the project received 27.1m funding from the Government's Invest to Save initiative for national rollout.

The units provide a single point of contact for victims and witnesses. A needs assessment is carried out for all witnesses who are being called to court to identify any problems which would prevent the witness giving evidence or attending court. These problems might include child care or transport problems, language difficulties, disabilities or particular concerns such as intimidation. Witness care officers co-ordinate the support and services provided to the witness and keep them informed throughout the case.

The Attorney General, Lord Goldsmith QC, Ministerial Champion for 'No Witness No Justice', and the Criminal Case Management Programme, said:

"'No Witness No Justice' brings victims into the heart of the criminal justice process. The report published today shows that the 'No Witness No Justice' scheme of tailored witness support and protection makes a significant improvement to witness attendance and to witness satisfaction.

"It is a good deal for witnesses because they are better informed, protected and supported. And a good deal for the public because it means more offenders are brought to justice. We cannot do justice unless witnesses are willing to report crime and come forward to give evidence and in the past too many trials have not gone ahead because they haven't. I am confident that by the end of next year, when we will see around 165 witness care units throughout England and Wales, there will be a major improvement in the experience of the criminal justice system for all witnesses."

John Broughton, ACPO spokesperson on victims and witnesses issues, and Assistant Chief Constable, Essex Police said:

"It is significantly important for victims and witnesses to feel that the criminal justice system supports them and responds to their needs. This independent evaluation has shown that our introduction of a joint agency response to victim and witness issues through the 'No Witness No Justice' project has been very successful. By demonstrating that the system values them and the significant contribution they make to the administration of justice in this country, many more witnesses have turned up for court, and more offenders have been properly brought to justice as a result."

Director of Public Prosecutions Ken Macdonald QC said:

"'No Witness No Justice' has the potential to transform the experiences of victims and witnesses across the country. The pilot units achieved a great deal in a short time - increasing witness attendance at court, improving trial outcomes and increasing witness satisfaction as a whole. National roll out will mean that we can extend these benefits to all victims and witnesses. The project is an important element in the new 'prosecution team' approach, with prosecutors and police working together from the very beginning of a case to make sure key elements are in place, such as the right charge and good witness support, so that the case can proceed more smoothly once it reaches court."

Baroness Scotland, Minister for Criminal Justice said:

"I welcome the positive findings of this evaluation which support the ongoing work across Government to give victims and witnesses the support they need. The Domestic Violence Crime and Victims Act, which gained Royal Assent last month, will give victims a powerful voice at the heart of Government through the establishment of an independent Commissioner for Victims. The Act will also provide a code of practice which binds all criminal justice agencies, so that all victims receive the support, protection, information and advice they need."

The national roll-out of witness care units has now begun with Areas aiming to have at least one WCU up and running by March 2005 and all WCUs fully implemented by December 2005. The good practice that has emerged from the pilot units has been used to develop minimum standards of care for the national rollout.

'No Witness No Justice' plays a central role in a wider package of measures to improve the support provided to victims and witnesses:

• The Domestic Violence, Crime and Victims Act, which received Royal Assent last month, contains a Victims' Code of Practice setting out standards of service that victims and witnesses can expect from the criminal justice system. The Government has identified seven priorities for Local Criminal Justice Boards and agencies to help them meet these standards which will be implemented in December 2005.
• The Department for Constitutional Affairs recently announced better court facilities for victims and witnesses. By 2008 all Crown Court buildings and 90 percent of magistrates' courts will have separate witness facilities for victims and prosecution witnesses. There will also be an increase in video links in Crown Court centres and magistrates' courts.
• The Criminal Case Management Programme (CCMP) is a major programme of work across criminal justice agencies and Government to improve the criminal justice system from start to finish. CCMP includes 'No Witness No Justice' as well as statutory charging, where the responsibility for charging suspects transfers from the police to the CPS and the Effective Trial Management Programme, which improves case management from charge to the conclusion of the case.

Notes to Editors

Media enquiries to: CPS Press Office 020 7710 6091; ACPO Press Office 020 7227 3425.

1. The 'No Witness No Justice' Project is a 36m project in total over three years. 27.1m is being funded from the Invest to Save Round 6 budget, announced in February 2004. Project partners are providing the remaining funding.
2. Main findings of the evaluation report across the five pilot areas:
• Witness attendance rates at court increased by 19.4%
• The number of ineffective trials due to witness issues decreased by 26.8%
• The number of cracked trials due to witness issues decreased by 16.6%
• The number of cracked trials due to late entry of a guilty plea increased by 10.5%
• The take up of Victim Personal Statements rose by 734.9%
• Victim and witness satisfaction levels rose by 5.8%.
3. Criminal Case Management Programme (CCMP) is a major programme designed to improve the criminal justice process from arrest through to the disposal of the case in the courts. It brings together three projects - statutory charging , 'No Witness No Justice', and Effective Trial Management Programme - into one programme to address key issues across the CJS process rather than looking at them in isolation. CCMP was announced in November 2003 and is championed at Ministerial level by the Attorney General.
4. An ineffective trial is defined as a trial that is unable to proceed on the day that it was scheduled to start and is adjourned to be re-listed for trial. A witness issue is defined as non-attendance or retraction of statement.
5. A cracked trial is defined as a case that is dealt with on the day a trial was scheduled to take place or continue, without the trial needing to go ahead. This includes cases where the defendant changes their plea to guilty or pleads to a lesser charge on the day of the trial. It also includes cases which fail on the day due to the prosecution offering no evidence if, for example, a witness does not turn up. It does not include cases where the defendant pleaded guilty at an earlier hearing before the court.
6. The Government's seven priorities for victim and witness care are as follows:
• give better information to victims and witnesses, both about general services offered to them by the CJS and about their individual case
• ensure that staff give a high quality service to victims and witnesses
• offer relevant services to victims and witnesses who need emotional and practical help
• seek victims' views and use them in the CJS process
• meet the needs of vulnerable witnesses and tackle intimidation
• improve the experience of going to court for victims and witnesses
• meet the needs of victims of domestic violence and tackle repeat victimisation.
7. Avail Consulting was established in February 2004 in response to the demand for top quality, specialist and independent support to the UK public sector. Avail's purpose is to be a leading provider of premium consultancy services to public sector organisations, specialising in the following areas: Strategy, Business Planning, Performance Improvement, Procurement and Supply Chain. Enquiries about Avail Consulting to Rob Garner on 020 7323 7110. www.tribalavail.co.uk

The No Witness, No Justice (NWNJ) Pilot Evaluation and Executive Summary are available in the Publications - Reports section of this website.