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In situations where intimidation is apprehended, witnesses can be placed in witness protection to prevent suspects or their fellows from intimidating them.Criminal Justice and Public Order Act 1994, Cross Heading: Intimidation, etc., of witnesses, jurors and others is up to date with all changes known to be in force on or before 19 February 2017.To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive.A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate.Witness intimidation evidence, if linked to a defendant, can be admitted to show a consciousness of guilt.Establishing the defendant as the source of the intimidation provides the necessary reliability for admissibility.Intimidation related to prejudice and discrimination may include conduct "which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety...because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct." Intimidation may be manifested in such manner as physical contacts, glowering countenance, emotional manipulation, verbal abuse, making someone feel lower than you, purposeful embarrassment and/or actual physical assault."Behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons."(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts: (1) A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following: (3) Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief.
Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offender’s record means that a discharge or fine is inappropriate In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances More intensive sentences which combine two or more requirements may be appropriate The imposition of a custodial sentence is both punishment and a deterrent.Alternatively, intimidation may result from the type of society in which individuals are socialized, as human beings are generally reluctant to engage in confrontation or threaten violence.Like all behavioral traits it exists in greater or lesser manifestation in each individual person over time, but may be a more significant "compensatory behavior" for some as opposed to others.Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report.For further information and sentencing flowcharts see the Imposition guideline.