Witness Check - What do they do ?

By Hola - 15 Dec 20 9:20 PM

I have been called as a witness in an HMRC smuggling investigation.  Neither me nor my employer is implicated, I'm just called to explain my company's position and explain what happened with paperwork, but they have said they need to do a witness check on me before they submit the case to the CPS.  My conviction is spent, and all they asked for is my name, DOB and address, but I am concerned my conviction will come out and my employer could be told ...

Does anyone have experience of this please ?  DBS website asks for a proof of id and they haven't so is it a simpler check of some sort ?

Finally any advice on how I respond if they find my spend conviction and want to disclose to my employer ? I'm thinking a) they can't and b) I argue its irrelevant ?
Any thoughts gratefully received

By Was - 17 Dec 20 7:13 PM

AB2014 - 17 Dec 20 2:03 PM

Whichever side calls you, the law says your record should be disclosed to both sides. 

I may have misunderstood the original question, but I thought the main concern was about whether it would be disclosed to the employer.

It would be highly unusual if such questioning during a trial would be reported at all given the shortage of court reporters. Even Court News only concentrate on the main findings unless it is a notorious case.

And as long as the prosecution are aware, if the previous conviction is irrelevant to the case in hand it would be challenged by their barrister. I may have this wrong but during case management, the prosecution and defence have to lay out their evidence. If the competency of a witness was going to be an issue, it would have to be revealed in advance. TV "surprise" witnesses are not a normal happening during a trial.