40 Harming witnesses etc

40  Harming witnesses etc

(1)     A person commits an offence if, in circumstances falling within subsection (2)—

(a)     he does an act which harms, and is intended to harm, another person; or

(b)     intending to cause another person to fear harm, he threatens to do an act which would harm that other person.

(2)     The circumstances fall within this subsection if—

(a)     the person doing or threatening to do the act does so knowing or believing that some person (whether or not the person harmed or threatened or the person against whom harm is threatened) has been a witness in relevant proceedings; and

(b)     he does or threatens to do that act because of that knowledge or belief.

(3)     If, in proceedings against a person for an offence under this section, it

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