Chapter

The victimisation of witnesses

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0003
The victimisation of witnesses

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This chapter gives a detailed account of the victimisation of witnesses. Every court has to depend on witnesses. It is vital to the administration of justice that they should give their evidence freely and without fear. Yet everyone knows that witnesses may be suborned to commit perjury — they may be threatened with dire consequences if they tell the truth — they may be punished afterwards for telling the truth. There is an important point which arises when a witness is victimized — and suffers loss on account of it. The contemnor can be punished by the courts by fine or imprisonment. Thus victimisation is not only a criminal offence, it is also a civil wrong — a tort as the lawyers call it.

Keywords: victimisation; witnesses; contemnor; courts; criminal offence

Chapter.  2991 words. 

Subjects: Constitutional and Administrative Law

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