Do you have to go to court as a witness if asked?

Do you have to go to court as a witness if asked?

Author
Discussion

Tsippy

15,066 posts

168 months

Saturday 5th March 2011
quotequote all
Out of interest, do they still read out the full name and address of a witness giving evidence? My parents gave evidence against a car thief back in the early 90s and had their full contact details announced in front of the guy they were giving evidence against banghead


SteveScooby

797 posts

176 months

Saturday 5th March 2011
quotequote all
Tsippy said:
Out of interest, do they still read out the full name and address of a witness giving evidence? My parents gave evidence against a car thief back in the early 90s and had their full contact details announced in front of the guy they were giving evidence against banghead
Address shouln't be disclosed, unless it's relevant, such as if it's the scene of crime like a burglary.

Monkeylegend

26,187 posts

230 months

Saturday 5th March 2011
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anonymous said:
[redacted]
Looks like details of the case have been leaked to PH already, be careful OP wink

Knock_knock

573 posts

175 months

Saturday 5th March 2011
quotequote all
streaky said:
logical question to both of you:

Was the witness then as fulsome to the prosecution's case as had been previously expected?

Streaky
I don't know in my case, as it wasn't one of my jobs at Court.

However, both Defence and Prosecution are usually quite good at dealing with all sorts of people, and won't (or shouldn't) ask a question to which they do not already know the answer. A reluctant witness may not therefore be too much of a problem.

To be fair, it's quite unusual to have to get people to Court under real duress. I've had to deal with a great number of people who were strongly reluctant to attend, but have been persuaded without having to resort to unpleasantness. I've had a few summons issued, but even those steps are not frequent.

I've also heard a very senior Judge give a reluctant witness a very strong dressing down in closed session. I wouldn't have liked to have been on the receiving end of that. Not one tiny little bit.


KK


anonymous-user

Original Poster:

53 months

Monday 8th October 2012
quotequote all
The statement won't be used unless the witness gives evidence or it is agreed. Giving evidence behind a screen is really for spooks and similar. Anyway, you say that the evidence itself will ID the witness, so a screen won't help. The CPS is supposed, in theory at least, to be improving witness support, and concerns about retaliation should be discussed with the prosecution team.

It's a tough one, but, at the end of the day, if people do not stand up and give evidence, the system can't deliver convictions.

daz3210

5,000 posts

239 months

Monday 8th October 2012
quotequote all
Can the Police insist you give a statement in the first place?

Reason I ask is that some years since a Police officer visited me at work. Story I was given by the officer was that someone using my first name, coupled with the name of the firm I used to work for had purchased a pay as you go mobile from a local shop, and it was fraudulently purchased. I was required to give a statement to the effect that I had not purchased the phone.

Two years on I received a notice from court that I was a witness in a Class A drugs and illegal firearms case, and could I tell them when I was unavailable to attend. Basically I shat myself, with all sorts of repercussions going through my mind.

Ultimately I was not required, but I had a nervous few months because I was told my statement had to be given to the defence, and it contained details of my address and current employer.

Under such circumstances can you refuse to give a statement in the first place, or attend court, or could you just stand up and say no comment to any question put to you?

XCP

16,823 posts

227 months

Monday 8th October 2012
quotequote all
If you want criminals to be convicted then unfortunately, from time to time, members of the public have to put themselves out slightly. That is the way the system works.
It's no good complaining about criminals 'getting away with it' if people can't be arsed to make statements and subsequently turn up at court.

streaky

19,311 posts

248 months

Monday 8th October 2012
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Soovy said:
They can force you yes.
That's not "asking", then.

Streaky

Jasandjules

69,787 posts

228 months

Monday 8th October 2012
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anonymous said:
[redacted]
Has she spoken to the court about her health?

anonymous-user

Original Poster:

53 months

Monday 8th October 2012
quotequote all


I had forgotten I even started this thread...

Jasandjules

69,787 posts

228 months

Monday 8th October 2012
quotequote all
anonymous said:
[redacted]
Does the note expressly state that she is medically unable to attend?

daz3210

5,000 posts

239 months

Monday 8th October 2012
quotequote all
XCP said:
If you want criminals to be convicted then unfortunately, from time to time, members of the public have to put themselves out slightly. That is the way the system works.
It's no good complaining about criminals 'getting away with it' if people can't be arsed to make statements and subsequently turn up at court.
I can understand that bit, but if you have a reason for not doing so....

I would say not being of fit health is a good reason not to go.


wizzbilly

955 posts

192 months

Monday 8th October 2012
quotequote all
I have refused to go to court 3 times on the grounds i dont want some scum bag going down the side of my car with a key etc and police wont make anything stick on the criminal anyway and if do will be fine and slap on the hand .

so what happens should he op go to court then further down the line his stuff gets vandalised .

ask yourself one question why do the majority of officers i speak to live away from where they work sort of says it all realy .

anonymous-user

Original Poster:

53 months

Tuesday 9th October 2012
quotequote all
Thanks for your public spirited contribution!

Jasandjules

69,787 posts

228 months

Tuesday 9th October 2012
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Breadvan72 said:
Thanks for your public spirited contribution!
It is understandable though. Perhaps not if you've never lived in such an area but if you have known the kind of things that he is talking about and known how little the police do to protect you, is it worth it for many people? No it is not.

But as to the OP, I'd have expected the court to accept ill health as a reason not to attend - is she the only witness?

daz3210

5,000 posts

239 months

Tuesday 9th October 2012
quotequote all
Jasandjules said:
Breadvan72 said:
Thanks for your public spirited contribution!
It is understandable though. Perhaps not if you've never lived in such an area but if you have known the kind of things that he is talking about and known how little the police do to protect you, is it worth it for many people? No it is not.

But as to the OP, I'd have expected the court to accept ill health as a reason not to attend - is she the only witness?
Is attending the only option?

You hear of scrotes appearing in court by video link. Why can witnesses possibly give evidence in a similar way? OK, there would be the logistics of setting it up, but surely it could be a worthwhile alternative in extreme circumstances.


mph1977

12,467 posts

167 months

Tuesday 9th October 2012
quotequote all
daz3210 said:
<snip>

Is attending the only option?

You hear of scrotes appearing in court by video link. Why can witnesses possibly give evidence in a similar way? OK, there would be the logistics of setting it up, but surely it could be a worthwhile alternative in extreme circumstances.
normally because the video link means the accused does not have to be transported from where they are on remand to the Court itself

alternatively it's for genuinely vulnerable witnesses, not just those who think they might called names or looked at funny.

Frix

678 posts

190 months

Tuesday 9th October 2012
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Jasandjules said:
It is understandable though. Perhaps not if you've never lived in such an area but if you have known the kind of things that he is talking about and known how little the police do to protect you, is it worth it for many people? No it is not.

But as to the OP, I'd have expected the court to accept ill health as a reason not to attend - is she the only witness?
Not that understandable. If you don't want to get involved, fine. If this is the case don't waste everyones time giving a witness statement you aren't prepared to follow through on and then whine about how "the police" won't make anything stick. I'm wondering how people think that happens.

Frix

678 posts

190 months

Tuesday 9th October 2012
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anonymous said:
[redacted]
Any chance of that not in riddle format? Are you trying to say that the evidence has been misrepresented or that the questions on the back are not right?

Carnage

886 posts

231 months

Tuesday 9th October 2012
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anonymous said:
[redacted]
The defence won't agree her statement for the reasons you've identified.

Your mate needs to get in touch with the investigating officer and inform him that she is a vulnerable witness. Ask him to complete form MG2 with her, setting out her concerns about giving evidence and stressing (key words here) the effect it will have on the quality of her evidence at court. She needs to ask for special measures, which will allow the prosecution to apply for screens, etc. Its unlikely that she will be allowed to give evidence by video link (off topic, its completely different from when the scrotes do it; the room is always in the court itself) but she should be able to get a greater degree of protection.

Difficult situation and she has my sympathies.