Going to court
Discussion
Ok chaps, some advice needed.
A few months back, my Mum was involved in a head on with a Transit on a single track road. Her Focus was written off, and she spent 4 nights in hospital. The other driver was not local, and did not know the road. Witnesses say he was drinking heavily the night before, and travelling too fast for the conditions, and this has been backed up in their statements. Unfortunately, he was 'too badly injured' to give a sample (he sat in the ambulance beside my Mum), and so it appears nothing has come of the DD claim. Which is a shame. The police were at the scene, and are prosecuting for careless driving.
However, my Mum has been called as a witness to the accident as there is a court case for this. Now what I want to know is, what should she expect? Will this be a 'Crown V. other driver' case, in which case she doesn't need a representative present, or is this 'her v. him'? Lastly, as she has been called to court, could this indicate the other driver has peaded Not Guilty to the charge?
In the last few months my Mum has been quite badly affected by the incident, and I'm concerned about her having to relive it again, so any advice gratefully received. Cheers :)
A few months back, my Mum was involved in a head on with a Transit on a single track road. Her Focus was written off, and she spent 4 nights in hospital. The other driver was not local, and did not know the road. Witnesses say he was drinking heavily the night before, and travelling too fast for the conditions, and this has been backed up in their statements. Unfortunately, he was 'too badly injured' to give a sample (he sat in the ambulance beside my Mum), and so it appears nothing has come of the DD claim. Which is a shame. The police were at the scene, and are prosecuting for careless driving.
However, my Mum has been called as a witness to the accident as there is a court case for this. Now what I want to know is, what should she expect? Will this be a 'Crown V. other driver' case, in which case she doesn't need a representative present, or is this 'her v. him'? Lastly, as she has been called to court, could this indicate the other driver has peaded Not Guilty to the charge?
In the last few months my Mum has been quite badly affected by the incident, and I'm concerned about her having to relive it again, so any advice gratefully received. Cheers :)
It appears that CPS are alleging a due care against the other driver involved and will therefore use Mum as a witness to support their case. If he pleads Guilty and some take it right up to the line, then Mum will not be required to give evidence. If he pleads Not Guilty CPS may read her statement (doubtful as principle witness) or require her to go into the witness box and take the Oath. Her account of the accident from her statement given will be teased out of her by CPS Prosecuting Solicitor. Try and keep answers short, simple and true to the fact avoiding opinion. After this she may be subject to cross examination by defending Solicitor if one employed. Take note this could be robust and more so of a nervous witness but CPS/Bench will not let it get out of hand.
Be careful of any reference to drink by the other driver. He is not charged with that offence and if done could lead to proceedings being clouded and new trial ordered.
If nervous disposition, this will be evident and Court will do all it can to allay her fears. If you have time have half a day at your local Court to observe it in action to get the feel.
Word of caution. Unless special provisions made generally witnesses and accused mill in the Court well before the hearing so try and ensure she keeps away from accused at this time. She can go into Court at the start but the moment he pleads Not Guilty she will have to leave the Court until called. If Guilty she can remain.
DVD
Be careful of any reference to drink by the other driver. He is not charged with that offence and if done could lead to proceedings being clouded and new trial ordered.
If nervous disposition, this will be evident and Court will do all it can to allay her fears. If you have time have half a day at your local Court to observe it in action to get the feel.
Word of caution. Unless special provisions made generally witnesses and accused mill in the Court well before the hearing so try and ensure she keeps away from accused at this time. She can go into Court at the start but the moment he pleads Not Guilty she will have to leave the Court until called. If Guilty she can remain.
DVD
Been there, done that, and the system stinks.
I got called as a witness to a drunk driver who wrote off a motorbike at some traffic lights, injuring the rider & pillion, and drove off. I turned up in court to see the DD guy sitting there nice as pie in the very small waiting room as if butter wouldn't melt...
Then, just before the case is called, the court usher comes over and says to me 'who are you?', you tell him that you're the witness as requested by letter and they tell you to go home as he's pleaded guilty.
Sorry to say that you need to tell her to expect to be treated like a mushroom and get no thanks.
I got called as a witness to a drunk driver who wrote off a motorbike at some traffic lights, injuring the rider & pillion, and drove off. I turned up in court to see the DD guy sitting there nice as pie in the very small waiting room as if butter wouldn't melt...
Then, just before the case is called, the court usher comes over and says to me 'who are you?', you tell him that you're the witness as requested by letter and they tell you to go home as he's pleaded guilty.
Sorry to say that you need to tell her to expect to be treated like a mushroom and get no thanks.
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