Source · Select Committees · Justice Committee
Recommendation 2
2
Accepted
Paragraph: 10
Broad definition of 'witness' in Bill requires refinement on impact and Code application.
Conclusion
In relation to the inclusion of witnesses in the definition of victim, no reference is made to the impact, if any, that the crime has had upon the witness. Some witnesses are certainly traumatised by the nature of the crimes they have been exposed to— incidents of violence are an obvious example—and there is logic in treating them as victims. Others may be unaffected. Further refinement is required, otherwise such a wide definition of witness may actually make the application of Code rights more difficult in practice. The Government also needs to set out what effect the inclusion of witnesses will have on the application of rights under the Code in general.
Government Response Summary
The government agreed witnesses should be confined to those suffering harm, stating this is already accounted for in Clause 1's definition, and clarified that the inclusion of witnesses in the Bill does not impact the Code's application as it already allows for differentiated entitlements.
Paragraph Reference:
10
Government Response
Accepted
HM Government
Accepted
8. The Government agrees that the inclusion of witnesses in the definition of victims for the purposes of the Bill should be confined to those who have suffered harm by witnessing the crime. We have already accounted for this within the definition of a victim in Clause 1, which defines the “harm” that a victim might suffer from. A witness will only fall under the definition of “victim” if they have suffered harm as a result of witnessing criminal conduct. We therefore do not consider that any change to this principle is necessary. 9. The inclusion of witnesses in the Bill does not impact the application of the Code, as witnesses can already be defined as victims in the current Victims’ Code (set out under “Support for Witnesses”). The Code entitlements apply differently depending on which aspects are appropriate for the type of victim (Clause 2(3) of the draft Bill, which restates the existing legislative framework in the Domestic Violence, Crime and Victims Act 2004, enables this). Different provision is needed because it would be impractical to apply the Pre-legislative scrutiny of the draft Victims Bill: Government Response 5 Code in exactly the same way to all victims. For example, a victim who has suffered harm as a direct result of witnessing a crime would be able to be referred to services that support victims, but may not be entitled to receive information about attending court or have expenses paid if they are not required to attend court as a witness.