One in eight domestic abuse witnesses 'inappropriately' summoned to court

Over 10 per cent of witnesses in domestic abuse cases have been 'inappropriately' summoned to court, a new HM Crown Prosecution Service Inspectorate (HMCPSI) report has found.

A lack of compliance with Crown Prosecution Service (CPS) policy guidance on the process is at the root of the problem, with a third of applications not made a timely manner, leaving the witness with little time to prepare.

HMCPSI inspectors warned that the decision to apply for a witness summons should not be taken lightly and should only be considered when all other avenues have been exhausted.

The watchdog suggested courts should focus on requesting an early risk assessment of the impact a summons could have on the individual, and of proceeding with the case by using other evidence.

The report also found that witness attendance is declining in both the magistrates' and crown courts.

In 2014/15 a total of 37,375 trials were listed to be heard in the crown court and 157,999 in the magistrates' court. Only 49.8 per cent of crown court trials were effective, a fall from 51.2 per cent in 2013/14.

Where a trial was ineffective in 2014/15, some 10.5 per cent were due to prosecution reasons with 4.5 per cent a result of non-attendance or a witness withdrawing.

Chief Inspector of HM Crown Prosecution Service Inspectorate Kevin McGinty said: 'Fewer and fewer witnesses are attending court. Witnesses not attending court can mean that a trial has to be rescheduled, and can even result in the defendant being acquitted.

'The CPS 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.'

Last week, the CPS was criticised for providing 'inadequate' communication to victims that also 'lacked empathy'.

HMCPSI recommended the CPS improve the quality of its service to victims and witnesses in its communicating with victims report.