Our solicitors for witness intimidation charges defend people accused of intimidating witnesses, jurors and potential witnesses under section 39 of the Criminal Justice and Public Order Act 1994. Woolfe & Co Solicitors are specialist criminal defence lawyers with more than 20 years of experience, and we represent clients facing these allegations in the Magistrates Court and the Crown Court across England and Wales. We examine what was actually said, the history between the parties and whether you knew the person was involved in proceedings, then we build the strongest defence available. Available 24/7 for urgent advice.
A single message, an unexpected doorstep visit or a post on social media can lead to a witness intimidation charge, even where nothing threatening was meant. The offence is narrower than people assume, because the prosecution must prove both what you did and what you knew. Here are the essentials in plain English.
If the police want to interview you about contact with a witness, speak to our team first on 01582 380938. Our criminal lawyers will explain exactly where you stand and what happens next.
Witness intimidation is created by section 39 of the Criminal Justice and Public Order Act 1994. The section contains three separate offences, and they are not identical. The first covers an act that intimidates or is intended to intimidate a witness, juror, potential witness or potential juror. The second covers an act done to a person knowing or believing them to be a witness, juror or potential witness or juror, where the act harms them or intends to harm them as a reprisal. The third covers an act done knowing or believing the person is helping in an investigation, intending to obstruct, prevent or interfere with that help.
That structure matters. Too often, police and prosecutors treat section 39 as a single offence with a single test. In practice, each limb has different requirements, and the prosecution must prove the correct one. Our solicitors for witness intimidation charges spend their time on exactly that question, and getting it right early often changes the entire shape of a case. Read any message in isolation and it may look troubling. Read it in context and the picture is usually far more ordinary.
For a witness intimidation charge to succeed, the prosecution must prove the elements that apply to the specific limb of section 39 relied upon. If any single element fails, the charge fails with it.
| Element | What it means |
|---|---|
| An act was done | The conduct can be words, messages, contact, visits, gifts or online activity. It does not need to be violent. |
| Directed at a protected person | The person must be a witness, juror, potential witness or potential juror, or someone helping in an investigation. |
| Knowledge or belief | You must have known or believed the person was involved in proceedings, or in helping an investigation. |
| Intimidation or intent | Depending on the limb, either the act intimidated or was intended to intimidate, or it was intended to obstruct, prevent or interfere with help. |
| Proceedings linked | There must be a link to criminal proceedings or an investigation. Cases that have finished raise separate considerations. |
Witness intimidation frequently overlaps with other offences, and the choice of charge can make a huge difference to sentence and to Legal Aid eligibility. Our solicitors and lawyers deal with all of these areas.
A broader common law offence covering any act intended to interfere with the administration of justice. Read our guide to perverting the course of justice solicitors.
A false statement made under oath in judicial proceedings. Our solicitors for perjury explain the difference from intimidation offences.
Sending messages that are grossly offensive or threatening. Our cyber and communications offences solicitors handle these charges often.
A course of conduct causing alarm or distress, which does not require any link to proceedings. Our violence and assaults solicitors cover the surrounding charges.
Witness intimidation often arises in cases that already involve another allegation, such as domestic abuse cases. You can see how all of these offences fit together on our court process offences solicitors page.
The maximum penalty for witness intimidation under section 39 of the Criminal Justice and Public Order Act 1994 is five years imprisonment, or a fine, or both, where the offence is tried on indictment. Courts treat these offences more seriously than the underlying conduct might suggest, because intimidation strikes at the heart of the justice system. Our solicitors have presented mitigation in these cases at every level of the Crown Court.
| Category | Typical features | Likely sentence |
|---|---|---|
| Lesser culpability | A single ill-judged message, limited planning, no threat of violence and no effect on the witness giving evidence | Community order or a suspended sentence in many cases |
| Greater culpability | Repeated contact, approaching the witness in person, using others to pass messages, or conduct while on bail | Custody in the range of about 1 to 2 years |
| Higher culpability | Threats of violence, intimidation of a vulnerable witness, group intimidation or conduct that caused a witness to withdraw | Custody of 3 years and upwards, approaching the 5 year maximum |
| Intimidation of a juror | Conduct aimed at a jury member to influence a verdict, which courts regard as especially serious | Immediate custody at or near the top of the range |
Cases are usually heard at the Crown Court, and a breach of bail or a failure to surrender to court charge frequently accompanies an intimidation allegation. Dealing with every allegation at the earliest stage is almost always the right strategy.
The strongest defence is almost always about knowledge and intention. The prosecution must prove you knew or believed the person was a witness, juror or potential witness, and on some limbs that you intended to intimidate or to interfere with their help.
Where the contact itself cannot realistically be denied, we focus on context and purpose, on whether the person genuinely fell within the definition, and on detailed mitigation. We are always honest with clients about which route is realistic.
If you had no idea the person was involved in proceedings, the offence is not made out. This is a complete answer and is often the central issue in the case.
Messages about children, shared property, bills or family arrangements are frequently mischaracterised. We put the contact in its proper context.
On the relevant limbs, the prosecution must prove an intention to intimidate or to interfere. Frustration, upset or clumsiness is not the same as intimidation.
Section 39 only protects witnesses, jurors, potential witnesses and those helping an investigation. Someone outside those categories falls outside the offence.
Message recovery, timing and authorship are frequently disputed. We test how the evidence was obtained and whether it can be relied upon. See our guide on WhatsApp messages as evidence.
Where an intimidation allegation is used as pressure in a family dispute, or brought long after the event, an application to stay the proceedings may be appropriate.
Do not try to fix the problem yourself. Contacting the witness again, asking friends to pass on a message or deleting your messages can be charged as separate offences and treated as aggravating features. Read our guide on phone passcode requests and take advice before doing anything.
Our approach is calm, analytical and focused on protecting you. Here is exactly what working with our criminal defence team looks like, from the first call to the final hearing.
We review the alleged conduct, the complainant, the stage of the investigation and whether a criminal case is still live. There is no charge for this first conversation, and it is completely confidential.
We attend the interview, advise on what to say and prepare a written statement where that is the stronger course. Police station advice is free, and police station representation is available 24 hours a day.
We examine what was actually said, the context in which it was sent, the history between the parties and whether there was any intention to deter a witness. This is where these cases are won.
We prepare submissions, argue legal points and present detailed mitigation if the case reaches sentence. We instruct leading counsel where the seriousness of the case demands it.
Witness intimidation is not automatically covered by Legal Aid in the Crown Court, so representation is often privately funded. Police station advice remains free, and we offer fixed fees for many stages of a case. Our page on fees and Legal Aid explains how we keep costs clear and predictable, and our free Legal Aid criminal defence solicitors page sets out the wider funding picture.
Speak to a Solicitor TodayThese are the questions our criminal defence solicitors are asked most often about witness intimidation. The answers are set out in full below.
Witness intimidation is an offence under section 39 of the Criminal Justice and Public Order Act 1994. It is committed when a person does an act that intimidates or is intended to intimidate a witness, juror, potential witness or potential juror, knowing or believing them to be involved in proceedings. Solicitors for witness intimidation charges deal with cases arising from messages, contact, visits and online conduct.
The maximum sentence under section 39 is five years imprisonment, or a fine, or both, where the offence is tried on indictment. Cases involving repeat intimidation, threats of violence or intimidation of a vulnerable witness are treated far more seriously.
No. Witness intimidation is a specific statutory offence directed at conduct towards witnesses and jurors. Perverting the course of justice is a broader common law offence covering any act intended to interfere with the administration of justice, including concealing evidence and misleading police.
Yes. Custody is a realistic outcome, particularly where violence was used or threatened, where the conduct was repeated, or where the intimidation was aimed at a vulnerable witness. Less serious cases can result in a suspended sentence or a community order, and early advice makes a real difference.
The prosecution usually relies on messages, call logs, social media posts and the evidence of the witness, together with evidence that you knew or believed the person was involved in proceedings. Each element must be proved, and gaps in the evidence are often decisive for the defence.
Witness intimidation is not automatically covered by Legal Aid in the Crown Court, so representation is often privately funded. Police station advice is free, and our solicitors will confirm the funding position and costs at the outset. See our fees and Legal Aid page.
Harassment under the Protection from Harassment Act 1997 concerns a course of conduct causing alarm or distress, and does not require any link to proceedings. Witness intimidation requires that the person targeted was a witness, juror or potential witness or juror in criminal proceedings.
Do not discuss it with anyone but a solicitor. The offence requires that you knew or believed the person was involved in proceedings, and in some cases that you intended to intimidate. A genuine lack of knowledge can be a complete answer to the charge. Our guide on whether you can remain silent when police ask questions explains your position at interview.
Most cases take between 6 and 18 months from first interview to sentence. Cases with multiple defendants, vulnerable witnesses or special measures applications can take longer, particularly where the trial is heard in the Crown Court. Our Crown Court solicitors manage timetables carefully to avoid unnecessary delay.
Yes in some circumstances. Section 39 covers witnesses and potential witnesses in proceedings that are ongoing or that may be brought. A person who has not yet given a statement can still fall within the definition of a potential witness, which is why early legal advice matters so much.
Contact is not automatically intimidation. Messages about children, shared property, mutual friends or family matters are frequently misread as intimidation, especially where domestic abuse allegations are also in play. The context, tone and purpose of the contact all matter, and a solicitor can explain this clearly to the court.
We are available 24 hours a day, 7 days a week and can usually advise the same day. Call 01582 380938 and speak directly to a criminal defence solicitor.
We are a Luton based criminal defence firm with more than 20 years of experience, and our solicitors appear in courts across England and Wales every week. Witness intimidation cases turn on fine questions of knowledge and intention, and the evidence is usually digital, so precision matters. You speak to a qualified criminal defence solicitor from the first call, never a call centre.
We scrutinise message threads, timestamps, deleted content and call data to show what was really said and why. That is where these cases are decided.
Interviews and arrests do not wait for office hours. Call at any time and reach a solicitor who can act straight away.
Because these charges are often privately funded, we set out costs clearly at the outset and offer fixed fees for many stages of a case.
We are regulated by the Solicitors Regulation Authority and hold recognised criminal defence accreditations. Read more about our accreditations and memberships.
"In my experience of witness intimidation cases, the charge is very often built on messages that were sent months before anyone spoke to police. Read in isolation, one message can look bad. Read alongside the rest of the thread, it is usually ordinary family or relationship contact. Our job is to put the whole picture in front of the court and hold the prosecution to the elements it has to prove, particularly knowledge and intention."
Senior Criminal Defence Solicitor, Woolfe & Co Solicitors
A witness intimidation allegation rarely stands alone. It usually sits inside a wider criminal case. Our criminal defence solicitors and lawyers support clients across the whole of the court process, from the police station to the Crown Court.
Breach of bail, perverting the course of justice, perjury, witness intimidation and contempt of court allegations.
Defence for breach of court orders, committal proceedings and contempt of court allegations.
Defence for concealing evidence, misleading police, and interfering with court proceedings.
Defence for false statements made under oath under the Perjury Act 1911, in criminal and civil proceedings.
Defence for breaking bail conditions such as curfews, residence requirements and reporting conditions.
Defence for missing a court date or failing to answer bail under section 6 of the Bail Act 1976.
Defence for controlling behaviour, harassment and intimidation arising inside relationships and families.
Malicious communications, online harassment and threats sent by message or social media.
Jury trial advocacy, sentencing and appeals, where witness intimidation is usually tried.
Free 24/7 legal advice and representation during police interviews and custody, where these cases are often decided.
Representation at first hearings, sending hearings and bail applications before a case reaches the Crown Court.
Clear information on our fee structures, private funding and Legal Aid eligibility.
A full guide to how criminal defence solicitors and barristers build a defence from arrest to appeal.
Do not attend an interview or respond to correspondence without advice. Our solicitors for witness intimidation charges are available 24 hours a day and can advise you on your position right now. Early advice protects your liberty, your reputation and your future.
Woolfe & Co Solicitors, criminal defence solicitors in Luton, representing clients across England and Wales. Regulated by the Solicitors Regulation Authority.