Intimidating a witness sentence
As stated earlier the offence of witness intimidation is a serious one and if you are accused of witness intimidation you should seek specialist legal advice as soon as possible. The maximum duration of a good behaviour bond is five years. What is the sentence for witness intimidation? Harassing a victim on Facebook, or posting harassing messages on other social media sites about the victim with the intention of causing them not to give evidence. Asking a witness to testify in a certain way, for example, to give a particular version of events, to lie, to not report a crime or to not cooperate with police. Why Choose Armstrong Legal? Intensive correction order ICO: Accused of Witness Tampering? Home detention is an alternative to full-time imprisonment.
It is enough that the defendant performed the action to tamper with a witness. When tried in the Crown Court the maximum penalty for witness intimidation is 5 years imprisonment. For example, spouses or close relatives and friends might agree only to discuss the case when they are with the attorney providing representation in the case. One option is for the defendant and the witnesses to be very careful about discussing case strategy and testimony. Fortunately, there are defense strategies that may be available to you depending on the nature of your case and the individual facts. Confinement is considered a use of force. A defendant should never do this alone or without an attorney present as it can easily result in the witness perceiving the conversation as an attempt to influence testimony. December Learn how and when to remove this template message Witness tampering is the act of attempting to alter or prevent the testimony of witnesses within criminal or civil proceedings. Prohibited behavior includes persuading a witness to change their testimony, and blackmailing or bribing a witness and attempts to keep a witness from testifying. This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. A suspended sentence is only available for sentences of imprisonment of up to two years. What is the sentence for witness intimidation? A witness also could be threatened with harm to his business or reputation. The court specifically referred to witness intimidation stating that witness intimidation is a serious offence and a threat to the proper administration of justice and that it was understandable why parliament had decided to take such strong measures to stamp out such offences. Who Can Be Accused of Witness Tampering or Intimidation The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant is not the only person who can be accused of or commit this crime. What is the same in all cases is that the government must prove all elements of witness tampering beyond a reasonable doubt for a conviction. Using any type of physical force to keep a witness from testifying is prohibited, and commonly results in felony charges. Possible defences to a Threatening or Intimidating Victims or Witnesses charge include but are not limited to: Subsection 5 states that the intention and motive required need not be the only or the predominating intention or motive with which the act is done or threatened. Words, tone and gestures can combine such that threats of physical force constitute unlawful conduct. The court will impose conditions that you will have to obey during the term of the good behaviour bond. This is the most serious penalty for this charge and involves full time detention in a correctional facility. Others require a use of force, threat of force, or use of intimidation or coercion. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect.
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