Under s.51 Criminal Justice and Public Order Act 1994 (intimidation of a witness) it was for the Crown to prove that an investigation of an offence was in fact in progress. In this case there was ample evidence before the jury to sustain the convictions of all three defendants and the joinder of counts had not prejudiced a fair trial. Having imposed substantial custodial sentences, the judge should not have made compensation orders without any inquiry as to the defendants' means.

CA (Crim Div) (Brooke LJ, Hooper J, Judge Peter Crawford QC)

21/01/1999