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Witnesses felt anxious about giving evidence. Their concerns included the prospect of
appearing in court, coming face to face with defendants and being threatened by defendants
at the court building, as well as uncertainties about waiting room and refreshment facilities.
Approach
Manchester City Council negotiated the following arrangements with local courts for anti-
social behaviour cases:
- access to a quiet room for witnesses.
- a video link for perpetrators in prison where it would be expensive to bring them back
for an ASBO or injunction hearing (this also has the benefit of being less stressful for the
witnesses).
- a video link for children and young people; and
- police presence, where appropriate.
In addition, the council provides practical information and support to witnesses.
They are made aware of what to expect, including the court layout, where they and the
defendant(s) will be sitting and how people will be dressed. Practical support also includes
transport to and from the court, being met by a council officer on arrival and information
about refreshment and bathroom facilities.
Outcome
The result has been reassurance and physical security for witnesses. This has led to a
reduction in the anxiety about the prospect of appearing in court or accidentally meeting a
defendant. Witnesses are better able to focus on the ease. The ease manager is also able to
keep witnesses informed of progress and to manage the case more effectively.
Contact
Nuisance Strategy Group Telephone: 0161 234 46l 1
154,
Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument (3).pdf
- Information sharing
Section 115 of the Crime and Disorder Act 1998 empowers any person to disclose
information, where necessary or expedient for the purposes of the Act, to a ‘relevant
authority’, namely a chief officer of police, police force, local authority, probation service or
health authority, or to a person acting on their behalf. Where the agency requesting the
information clearly needs it for the purposes of reducing anti-social behaviour, the
presumption should normally be that it will be supplied.
As a result of the findings of the Crime and Disorder Act review, the Police and Justice Bill
before Parliament seeks to strengthen section 115 of the Crime and Disorder Act further.
For example, the power to disclose personal information has not changed but it places a duty
on relevant authorities to share depersonalised data which is relevant lor community safety
purposes and already held in a depersonalised format.
Information sharing and registered social landlords
A ‘relevant authority’ (as defined by section 115 of the Crime and Disorder Act 1998) may
disclose information to a registered social landlord where the landlord is acting on behalf of
the relevant authority for the purposes of the provisions of the Act.
In order to be ‘acting on behalf of the relevant authority, the person or body so acting must
have authority and must have consented to do so. Such authority may be given in writing or
orally. Authority may also be implied from the conduct of the parties or from the nature of
employment. Authority may be confined to a particular act or be general in its character. If
authority is general, then it will that be confined to acts that the relevant authority itself has
power to do.
Information sharing protocols