Intimidating witness rcw dating elnet
In the United Kingdom, witness intimidation is covered by Criminal Justice and Public Order Act 1994, section 51.
Under this act it is an offence to perform an act which is intended to and does intimidate a person who the offender knows or believes to be involved with a criminal case with the intention of disturbing the proceedings. § 1512, which defines it as "tampering with a witness, victim, or an informant." The punishment for such an offense is up to 20 years if physical force was used, attempted, or threatened. The Supreme Court ruled that Section 1512 had been misinterpreted by the Fifth Circuit Court of Appeals, and reversed the decision of the lower court which had found the firm guilty of violating the section.
Upon a showing that there exists a substantial danger that the accused will commit a violent crime or that the accused will seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of justice, the court may impose one or more of the following nonexclusive conditions: (1) Prohibit the accused from approaching or communicating in any manner with particular persons or classes of persons; (2) Prohibit the accused from going to certain geographical areas or premises; (3) Prohibit the accused from possessing any dangerous weapons or firearms, or engaging in certain described activities or possessing or consuming any intoxicating liquors or drugs not prescribed to the accused; (4) Require the accused to report regularly to and remain under the supervision of an officer of the court or other person or agency; (5) Prohibit the accused from committing any violations of criminal law; (6) Require the accused to post a secured or unsecured bond or deposit cash in lieu thereof, conditioned on compliance with all conditions of release.
This condition may be imposed only if no less restrictive condition or combination of conditions would reasonably assure the safety of the community.
In connection with this motion, both parties may present information by proffer or otherwise.
If deemed necessary for a fair determination of the issue, the court may direct the taking of additional testimony.
If a risk of flight, interference or danger is believed to exist, the person may be ordered detained without bail. After a person has been found or pleaded guilty, and subject to RCW 9.95.062, 9.95.064, , and , the court may revoke, modify, or suspend the terms of release and/or bail previously ordered. A court authorizing the release of the accused under this rule shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the accused of the penalties applicable to violations of the conditions imposed, if any, shall inform the accused of the penalties applicable to violations of the conditions of the accused's release and shall advise the accused that a warrant for the accused's arrest may be issued upon any such violation. (1) At any time after the preliminary appearance, an accused who is being detained due to failure to post bail may move for reconsideration of bail.Cr R 3.2 RELEASE OF ACCUSED If the court does not find, or a court has not previously found, probable cause, the accused shall be released without conditions. Any person, other than a person charged with a capital offense, shall at the preliminary appearance or reappearance pursuant to rule 3.2.1 or Cr RLJ 3.2.1 be ordered released on the accused's personal recognizance pending trial unless: (1) the court determines that such recognizance will not reasonably assure the accused's appearance, when required, or (2) there is shown a likely danger that the accused: (a) will commit a violent crime, or (b) will seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of justice.For the purpose of this rule, "violent crimes" are not limited to crimes defined as violent offenses in RCW 9.94A.030.There is no requirement that the intended obstruction of justice be completed.In situations where intimidation or retaliation against witnesses is likely (such as cases involving organized crime), witnesses may be placed in witness protection to prevent suspects or their colleagues from intimidating of harming them.