Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of the arrangements for witness attendance in criminal Court proceedings, focusing on Crown, Magistrates’ and Youth Courts.  The inspection will assess how the criminal justice system supports, manages, and facilitates witness attendance at Court proceedings.

The key organisations involved in this inspection are the Police Service of Northern Ireland (PSNI), the Public Prosecution Service for Northern Ireland (PPS) and the Northern Ireland Courts and Tribunals Service (NICTS).  Inspectors will meet with Department of Justice (DoJ) officials and speak with Forensic Science Northern Ireland (FSNI) staff who regularly attend Court proceedings to give evidence in a professional capacity in criminal cases.  CJI do not inspect the Judiciary but as a key stakeholder, who has responsibility for fixing the dates for contested hearings (in the Magistrates’ and Youth Courts), trials in the Crown Court and case management (in all Courts), their views will be sought during fieldwork. 

Representatives from voluntary and community sector organisations who provide support to victims and witnesses, in particular, the National Society for the Prevention of Cruelty to Children (NSPCC) Young Witness Service (YWS) and Victim Support Northern Ireland (Victim Support NI), who provide support to victims and witness at Court will be invited to take part to inform the inspection. 

The Police Federation for Northern Ireland, who advocate, support and represent the rights of serving police officers will also be invited to take part.

The presence of witnesses is essential to the fair and timely administration of justice.  They provide evidence to establish facts and support or challenge the prosecution’s claims and help the Court determine guilt or innocence.  Giving evidence can be a daunting experience for victims and witnesses and it is important that the process of securing their attendance does not cause further trauma.  The criminal justice system has also been focused on reducing delay and witness attendance at Court proceedings is an integral part of this.  The aim of this inspection is to assess the effectiveness and efficiency of the process whereby prosecution witnesses attend Court proceedings to give evidence.

The minimum entitlements of witnesses to information and support from the PSNI, the PPS and the NICTS in preparation for and when attending Court to give evidence is set out in the Witness Charter 2017^[1] under the following Standards:

• 8.1: Information provision about attending Court;
• 8.2: Setting a Court date;
• 8.3: Support to give evidence;
• 8.4: Court familiarisation and going to Court;
• 9.1: Support available at Court;
• 9.2: Your time at Court; and
• 9.3: Safety at Court.

There are also additional entitlements specific to victims under the Victim Charter 2015^[2].

Early needs assessment of victims and witnesses by the PSNI and the PPS to identify appropriate measures to support them give their best evidence, which greatly contributes to securing witness attendance is important.  CJI inspected the use and operation of special measures in Northern Ireland’s criminal Courts earlier this year with the Inspection Report  due for publication in early 2026; therefore this will not be included in this inspection.

Context

When a decision is taken by the PPS to prosecute a criminal offence, they determine the witnesses that are required to give evidence.  If there is a ‘not guilty’ plea, the case is adjourned to establish the availability of witnesses required to attend Court proceedings and give evidence. 

To illustrate the quantum of criminal cases, while not the exact number of cases in which witnesses were required, the DoJ Judicial Statistics for 2024^[3] show that, in the Crown Court that year 1,187 defendants pleaded not guilty to at least one charge and was found guilty on at least one charge and 231 defendants pleaded not guilty to all charges and were acquitted on all charges. The figures for the Magistrates’ Court are 10,068 and 1,949 respectively and in the Youth Court 175 and 79 respectively.

The PPS Victim and Witness Care Unit (VWCU) contacts witnesses, including professional witnesses, and ask for dates they are unavailable to attend Court proceedings over the next few months.  The VWCU sends witnesses information about the Court process and carries out an Enhanced Needs Assessment to answer any queries or concerns a witness may have and to help them apply for additional support services that can make giving evidence more comfortable.  If a witness does not respond to contact from the VWCU, a summons may be issued for service on a witness in accordance with Section 118D of the Magistrates’ Courts (Northern Ireland) Order 1981^[i] and in the Crown Court under Section 51A of the Judicature (Northern Ireland) Act 1978.^[ii]  A summons legally requires the recipient to attend Court.  The VWCU also processes expense claims submitted by witnesses after they attend Court.

For Police Officers attending Court, the VWCU will contact the PSNI’s Operational Planning and ask for dates they are unavailable to attend Court over the next few months.  Operational Planning will then provide the VWCU with police availability prior to the hearing date being fixed.  Once the contest or trial date has been set, the PPS will notify Operational Planning who will then task the Police Officers to attend Court.  Efforts will be made to accommodate witnesses, however, the Judge sets the contest or trial date, so witnesses may be required to attend on a date that isn’t suitable.

Defence witnesses are not within the scope of this Inspection but the availability of a defence witness is established by the defendant’s legal representative who gives this information to the Judge when a date is being set for trial.

In 2025, His Majesty’s Inspectorate of Constabulary in Scotland (HMICS) and His Majesty’s Inspectorate of Prosecution in Scotland (HMIPS) published terms of reference^[4] for their joint inspection ‘Citing witnesses in the Sheriff Court^[5]’ with the aim of‘assessing how effectively and efficiently prosecution witnesses are cited to give evidence at court.’  It was anticipated by the Inspectorates that their inspection report would be published towards the end of 2025.

Also in 2025, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS)^[6] inspection report on the PSNI provided insights into Neighbourhood Policing Team Officers being abstracted (taken away) from their core duties to cover other roles, including Court attendance.  This issue, and the need for more information on the scale and impact of this practice, had previously been raised by CJI in the 2024 Inspection Report on ‘Community Safety and Local Policing Arrangements in Northern Ireland’^[7].  The HMICFRS report did not include specific Court attendance rate data but did advise that the PSNI was developing an application for Police Officers to record when they were abstracted from their normal duties, including for Court attendance, with a view to providing quantitative data on how often officers were diverted from their primary roles.  Progression around the development of this application will be considered as part of this Inspection.

 

Previous inspections

Securing attendance at Court was identified by CJI as an issue in its 2006 Inspection Report on ‘Avoidable Delay^[8] in the Criminal Justice System’.  It found witness availability was a

significant cause of Court adjournments and was caused, in part, by poor communication between the PSNI and the PPS.  This same issue was raised again in its 2010 Inspection Report on ‘A thematic inspection of avoidable delay in the processing of criminal cases in Northern Ireland’^[9].  In 2011, CJI identified areas for improvement in its ‘Securing Attendance at Court’^[10] Inspection Report^[11], and progress against recommendations made was examined in CJI’s 2014 Inspection Report ‘Securing Attendance at Court: A Follow-Up Review of inspection recommendations’.^[12]

 

Aims of the Inspection

The broad aims of this inspection are to:

• examine the strategic and policy framework for witness attendance in the Crown, Magistrates’ and Youth Court proceedings and the strategic accountability mechanisms in place for their use and evaluation;
• review the effectiveness of the governance arrangements in place for witness attendance including recording, quality assurance and performance management;
• examine the efficiency and effectiveness of the operational delivery of witness attendance by criminal justice organisations in achieving Witness Charter rights, outcomes for victims and defendants and reducing avoidable delay;
• review the use of remote evidence and standby arrangements by the criminal justice system to support witness attendance and effective use of resources;
• assess how the effectiveness of witness attendance processes is benchmarked against good practice elsewhere; and
• any other matters arising during the inspection if considered appropriate by CJI may be included. 

Methodology

The review will be based on the CJI Inspection Framework, the three main elements of the inspection framework are:

• Strategy and governance;
• Delivery; and
• Outcomes.

Design and Planning

Preliminary research

Data and initial information have been researched online to inform the scope of this inspection.

Scoping

Consultation has taken place with PSNI and the PPS to determine the scope of the inspection.

Benchmarking, research and data collection

Collection of benchmarking information and data and review of inspection and research reports will be undertaken.

Contact with organisations

Terms of reference will be shared with the DoJ, the PSNI, the PPS, the NICTS and other bodies as appropriate.  Liaison officers from the relevant organisations should be nominated for the purposes of the inspection.

Policies and procedures, management information, minutes of meetings and related documentation from the organisations will be requested and examined. 

Stakeholder consultation

The following stakeholder organisations and individuals will be consulted:

• FSNI;
• Legal Services Agency Northern Ireland;
• NSPCC YWS;
• The Bar Council of Northern Ireland;
• The Judiciary;
• The Law Society of Northern Ireland;
• The Police Federation for Northern Ireland;
• Victim of Crime Commissioner Designate;
• Victim Support NI

Other stakeholders and organisations may be consulted as required.

Self-assessment

The PSNI, the PPS, the NICTS and the DoJ will be asked to undertake a self-assessment, which will be reviewed by CJI during this inspection.

Fieldwork plan

Interviews and focus groups will be conducted with the DoJ, PSNI, the PPS, the NICTS and other criminal justice agency staff, and relevant stakeholders to give an insight into any issues affecting how the criminal justice system supports, manages, and facilitates witness attendance at Court.  Inspectors will scope methods to obtain feedback from witnesses who have been called to attend Court proceedings as a witness for the PPS.

Initial feedback to agencies

On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging findings will be developed.  CJI will then present the emerging findings to the PSNI, the PPS, the NICTS and the DoJ.

Drafting of report

Following completion of the fieldwork and analysis of data, a draft report will be shared with the PSNI, the PPS, the NICTS and the DoJ and any other relevant stakeholders for factual accuracy check within four weeks.  The Chief Inspector will invite the organisations, where appropriate, to complete an action plan within a further two weeks to address the recommendations and if the plan has been agreed and is available, it will be published at the same time/alongside the final inspection report.  The inspection report will be shared, under embargo, in advance of the publication date with relevant bodies.

Publication and Closure

A report will be sent to the Minister of Justice for permission to publish.  When permission is received the report will be finalised for publication.  A press release will be drafted and shared with the PSNI, the PPS and the NICTS and the DoJ and any other relevant stakeholders prior to publication and release.  A publication date will be agreed and the report will be issued.

Indicative Timetable

Scoping, research and self-assessment:	November 2025-January 2026
Fieldwork, analysis and report drafting	January – May 2026
Draft report to organisations for factual accuracy:	June 2026
Publication (subject to permission to publish):	September 2026

The above timetable may be impacted by factors outside CJI’s control.  Organisations will be kept advised of any significant changes to the indicative timetable.

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[i]Legislation.gov.uk, the Magistrates’ Courts (Northern Ireland) Order 1981 available at https://www.legislation.gov.uk/nisi/1981/1675/part/X

[ii] Legislation.gov.uk, the Judicature (Northern Ireland) Act 1978 available athttps://www.legislation.gov.uk/ukpga/1978/23/section/51A

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[1]DoJ, Witness Charter: A Charter for witnesses of crime January 2017 available at https://www.justice-ni.gov.uk/sites/default/files/publications/justice/witness-charter.PDF 

[2] DoJ, Victim Charter: A Charter for victims of crime September 2015 available athttps://www.justice-ni.gov.uk/sites/default/files/publications/justice/Victim%20Charter.pdf

[3] NICTS, Judicial Statistics 2024 available athttps://www.justice-ni.gov.uk/sites/default/files/2025-06/judicial-statistics-2024_0.pdf

[4] IPS and HMICS, Citing witnesses in the Sheriff Court Terms of Reference 2025 available at

https://www.hmics.scot/publications/ips-and-hmics-citing-witnesses-in-the-sheriff-court-terms-of-reference

[5] A sheriff court is a local court in Scotland that handles the majority of civil and criminal cases. These courts deal with crimes not serious enough for the High Court and civil disputes like debt, divorce, and personal injury claims. Criminal cases are heard by a sheriff with or without a jury, while civil cases are heard by a sheriff alone.

[6] HMICFRS, The Police Service of Northern Ireland: An inspection of police effectiveness and efficiency

2025 available at https://hmicfrs.justiceinspectorates.gov.uk/publication-html/psni-inspection-of-police-effectiveness-and-efficiency-2025/

[7] CJI, Community Safety and Local Policing Arrangements in Northern Ireland 2024 available at https://www.cjini.org/reports/community-safety-and-local-policing-arrangements-in-northern-ireland/#abstraction-of-neighbourhood-police-officers

[8] CJI, Avoidable Delay in the Criminal Justice System, May 2006 available at https://www.cjini.org/reports/avoidable-delay/  

[9] CJI, A thematic inspection of avoidable delay in the processing of criminal cases in Northern Ireland 2010 available at https://www.cjini.org/reports/a-thematic-inspection-of-avoidable-delay-in-the-processing-of-criminal-cases-in-northern-ireland/  

[10] CJI, Securing Attendance at Court 2011 available at https://www.cjini.org/reports/securing-attendance-at-court/

[11] CJI, Securing Attendance at Court 2011 available at https://www.cjini.org/reports/securing-attendance-at-court/; Recommendations

• The NICTS should consider enhancing the statistics gathered during the Adjournment Reasons pilot, to provide specific details of attendance rates at court by the various parties to a case, so that the scale of non-attendance can be accurately assessed across the various courts, and remedial action taken if trends indicate there is a problem in a particular court area or with a particular group;
• The CJB should take the necessary steps to achieve its target of ‘improving Public Prosecution Service access to the PSNI detailing system with each regional office to have direct access by April 2011’;
• The PSNI should consider implementing a system for PPS Community Liaison Teams [now VWCU] to access the duties of all police officers and police staff through Options. If this is not practical, there should be a single point of contact at either district or regional level to provide the PPS with police officer and police staff duty details and court availability;
• The PSNI should remind officers, through the internal communication process and in training, of the need to ensure that they obtain and maintain sufficient information about victims and witnesses (including work, home and mobile telephone numbers, email addresses etc.) to allow the PPS to contact them about the case;
• The PPS Community Liaison [VWCU] staff receive training in telephone techniques and dealing with people on the telephone, together with familiarisation training on the prosecution and court process and the lay-out and facilities available for victims and witnesses at court buildings in the relevant PPS region; and
• The PPS should review the working practices, accessibility and technology available to the CLTs [VWCU] to maximise their ability to contact victims and witnesses about availability and attendance at court and to issue reminders as the court date approaches.

[12] CJI, Securing Attendance at Court: A Follow-Up Review of inspection recommendations 2014 available at https://www.cjini.org/reports/securing-attendance-at-court-a-follow-up-review-of-inspection-recommendations/

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