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Thousands of trials end over no-show witnesses - watchdog | Thousands of trials end over no-show witnesses - watchdog |
(about 2 hours later) | |
More than 11,000 criminal trials in England and Wales had to be abandoned last year because witnesses pulled out or did not appear at court, a watchdog has said. | More than 11,000 criminal trials in England and Wales had to be abandoned last year because witnesses pulled out or did not appear at court, a watchdog has said. |
The figures have been released by HM Crown Prosecution Service Inspectorate. | The figures have been released by HM Crown Prosecution Service Inspectorate. |
Defendants can be acquitted or see their trials rescheduled in such cases. | Defendants can be acquitted or see their trials rescheduled in such cases. |
But the watchdog said too many domestic violence case witnesses were summonsed, which risked "alienating" victims who were willing to give evidence. | But the watchdog said too many domestic violence case witnesses were summonsed, which risked "alienating" victims who were willing to give evidence. |
In 2014-15, for various reasons, more than half of the 195,000 trials listed in magistrates and crown courts did not go ahead as planned, the report said. | |
Failure to appear could result in a warrant for the witness's arrest. | Failure to appear could result in a warrant for the witness's arrest. |
Defendants acquitted | Defendants acquitted |
The inspectorate found a rising number of prosecutions were "cracked" - which is the term used for a case that closes unexpectedly because a witness is absent or has withdrawn evidence. | The inspectorate found a rising number of prosecutions were "cracked" - which is the term used for a case that closes unexpectedly because a witness is absent or has withdrawn evidence. |
This happened in nearly 800 crown court trials and in 10,600 hearings in magistrates' courts. | This happened in nearly 800 crown court trials and in 10,600 hearings in magistrates' courts. |
The report said that 2.1% of trials in the crown court and 6.8% of trials in the magistrates' court were "cracked" in 2014-15, compared with 1.8% and 6.3% respectively the previous year. | The report said that 2.1% of trials in the crown court and 6.8% of trials in the magistrates' court were "cracked" in 2014-15, compared with 1.8% and 6.3% respectively the previous year. |
The inspectorate said a "powerful tool" to persuade someone to testify was a summons which makes attendance a legal requirement. | The inspectorate said a "powerful tool" to persuade someone to testify was a summons which makes attendance a legal requirement. |
But it said summonses were being used inappropriately for more than one in 10 witnesses in domestic abuse cases. | But it said summonses were being used inappropriately for more than one in 10 witnesses in domestic abuse cases. |
Domestic abuse training | Domestic abuse training |
Chief inspector of the HMCPSI Kevin McGinty said: "The CPS [Crown Prosecution Service] rightly wants to reduce the number of times that trials have to be rescheduled or defendants walking free, but there's little evidence that use of the summons is making a difference." | Chief inspector of the HMCPSI Kevin McGinty said: "The CPS [Crown Prosecution Service] rightly wants to reduce the number of times that trials have to be rescheduled or defendants walking free, but there's little evidence that use of the summons is making a difference." |
An HMCPSI spokesman added: "A witness summons is the last resort for those who disengage from a prosecution and should only be considered when all other avenues have been exhausted." | An HMCPSI spokesman added: "A witness summons is the last resort for those who disengage from a prosecution and should only be considered when all other avenues have been exhausted." |
A Crown Prosecution Service spokesman said that along with police it was conducting a joint review of the provision of support to victims and witnesses. | A Crown Prosecution Service spokesman said that along with police it was conducting a joint review of the provision of support to victims and witnesses. |
"This review, which aims to improve levels of service, will be an opportunity to explore the reasons for the drop in witness attendance," he added. | "This review, which aims to improve levels of service, will be an opportunity to explore the reasons for the drop in witness attendance," he added. |
"We will be updating our training on domestic abuse over 2016-17 and will consider including training on witness summonses within this." | "We will be updating our training on domestic abuse over 2016-17 and will consider including training on witness summonses within this." |