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Can an alleged victim be found guilty of this?
Basically in my case 2 alleged victims live with a potential witness and their behaviour is resulting in them not wanting to go to court to give evidence unless they are compelled to; also I reasonably believe that their actions may cause the potential witness to give unreliable/uncreditable evidence.
They are shouting and acting aggressive to the potential witness, I have a recording of the witness describing this to me,
Now as I see it section 51(1) says that:
A person commits an offence if—
(a) he does an act which intimidates, and is intended to intimidate, another person (“the victim”),
(b) he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence,
(c) he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.
Now from where I'm sat this has happened and this recording is proof, I also know the reason the witness wouldn't go to the police is through fear of repercussions. The act also says that s51(7):
If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection.
So I think that the victims have intimidated a witness (quite an important one) to not want to give evidence, I have proved it with the recording and intent is defined by the act unless its proved otherwise,
But I haven't yet been charged and I don't know if it will help my case to bring this to the police, but at the same time I want justice (the victim has admitted to lying to this witness about the allegation made against me)
so what do you guys advise I do?
Basically in my case 2 alleged victims live with a potential witness and their behaviour is resulting in them not wanting to go to court to give evidence unless they are compelled to; also I reasonably believe that their actions may cause the potential witness to give unreliable/uncreditable evidence.
They are shouting and acting aggressive to the potential witness, I have a recording of the witness describing this to me,
Now as I see it section 51(1) says that:
A person commits an offence if—
(a) he does an act which intimidates, and is intended to intimidate, another person (“the victim”),
(b) he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence,
(c) he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.
Now from where I'm sat this has happened and this recording is proof, I also know the reason the witness wouldn't go to the police is through fear of repercussions. The act also says that s51(7):
If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection.
So I think that the victims have intimidated a witness (quite an important one) to not want to give evidence, I have proved it with the recording and intent is defined by the act unless its proved otherwise,
But I haven't yet been charged and I don't know if it will help my case to bring this to the police, but at the same time I want justice (the victim has admitted to lying to this witness about the allegation made against me)
so what do you guys advise I do?
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