31
Related matter
4.26
The practice described in paragraph 4.20 does not require the offer of an immunity from prosecution to a potential Crown witness. This offer of immunity will still be required to encourage those individuals who are indirectly involved to give evidence [e.g. minor triad figures giving evidence against office-bearers]. At present it is doubtful whether the witness statement made by an individual under offer of an immunity is subsequently admissible against him if he reneges on the terms of the written agreement he makes with the Attorney General. It is not uncommon for a prosecution witness when he appears in court to adjust his evidence sufficiently to enable doubt to be cast on the prosecution's case. It is seldom possible to enforce the agreement against him and to prosecute him for the offences disclosed in his witness statement. For the same reason he cannot be prosecuted for perjury. In the United States these difficulties are largely overcome by making formal witness agreements the subject of statute, effectively making all disclosures under such agreements admissible in the event of breach by a party to the scheme. This possibility is discussed more fully in paragraphs 6.58 to 6.62 of chapter 6.
SUMMARY OF OPTIONS
4.27
(a)
In summary, the options are -
a limited number of identification parade facilities using one-way viewers could be made [paragraphs 4.8 to 4.14];
statements
(b)
the addresses in witness' which are served on the defence could be omitted [paragraph 4.17];
(c)
(d)
police manpower could be allocated to respond to witnesses who might be intimidated [paragraph 4.18]; and
greater use of accomplice evidence could be made by supporting the principle of higher tariff reductions for criminal who co-operate fully with the Crown [paragraphs 4.20 to 4.25].
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