Attorney General- Prosecutors should interview witnessess
The Attorney General, Lord Goldsmith, has today confirmed he will be moving ahead with reforms of the court system designed to allow prosecutors to interview witnesses before a trial.
The move follows a consultation exercise after a number of high profile cases where doubt was cast on the reliability or competence of one of the main prosecution witnesses. This was most notable in the trial of four youths accused of killing Damilola Taylor.
Then, the evidence of the prosecution’s main witness, a 12-year-old girl was thrown out after the judge ruled it was unreliable.
Prosecutors have, up until now, been unable to interview witnesses before a case goes to trial.
Lord Goldsmith today said he believes that prosecutors should be able to interview witnesses before a trial – including those classed as ‘vulnerable’, like children – when “the prosecutor considers it necessary to confirm the reliability or otherwise of a witness’s evidence in deciding whether there is a realistic prospect of conviction, or to clarify the evidence which the witness can give.”
In a written statement to Parliament, Lord Goldsmith said: “I believe that the changes recommended will strengthen the prosecution process, and contribute to putting victims and witnesses at the heart of the criminal justice system, and more at ease with the process.
“At the same time, it will retain the essential divide between prosecuting and investigating. This will, I am sure, lead to higher quality prosecution decision-making at an earlier stage of proceedings, better case preparation, improved levels of witness care and greater public confidence in the Crown Prosecution Service as a public prosecution service that reviews and prosecutes criminal cases with thoroughness, fairness, impartiality and integrity, in the interests of the community at large.”
He said that he expected the “interview would take place when the majority, if not all, of the police investigation had been conducted, a statement had been made by the particular witness to the police and a file of evidence presented to the prosecutor for consideration”.
The Attorney General was keen to stress that the interview would not be part of the process of gathering evidence and promised that safeguards would be put in place to “minimize the risk of witness coaching”.
These would include a code of practice on the conduct of the interview and giving the trial judge the power to investigate any such interviews which take place. Police officers could be present at the interview and any new information that does arise would be taken by the police in a separate witness statement. It has not yet been decided whether the witness should be compelled to take part in the interview.
As a first step towards implementing the changes, a working group is being set up to consider how to implement a pilot scheme. The Attorney General promised that there would be ongoing consultation with professional partners, such as the Law Society.
