Question about witness statements
Discussion
Ok, not car related, but though some BiB on here might help. 
The story goes like this; over the road from my mum are some rented flats. Recently a young lady, who is an alcoholic, had been living in one of the flats. She repeatedly kept having arguements in the early hours with her B/F, often out in the street. After 7 consecutive nights of loud screaming and fighting in the streets, the nosey old boy next door to the flats reported the lady to the police. My mum and the old boy both gave statements. She kept causing hassle, and kept getting arrested/ bailed. Eventually she has been sent to court to answer various charges. Since her court date has been set, my mum and the old boy over the road have been told that they MUST attend court on a specific date, and if they don't then they will be summonsed (sp?) to court.
Anyway, the woman has recently been evicted by her landlord and mum has decided she does not really want to go to a court room. She spent a lot of time there when we were kids fighting for custody etc..
Upon receiving the letter, she telephoned the police to tell them that she does not really want to go to court, and the police officer repeated to her that there was no way she could "get out of it" and that she would be held in contempt of court if she did not attend.
Now, i personally believe that she should follow the matter through or not have made a statement in the first place. But, generally, could someone tell me the legal situation. Can she be FORCED to attend court, or can she just go to the cop shop, withdraw her witness statement and thus have no further need to attend?
Appreciate the details here are a bit sketchy, but would appreciate advice.
The story goes like this; over the road from my mum are some rented flats. Recently a young lady, who is an alcoholic, had been living in one of the flats. She repeatedly kept having arguements in the early hours with her B/F, often out in the street. After 7 consecutive nights of loud screaming and fighting in the streets, the nosey old boy next door to the flats reported the lady to the police. My mum and the old boy both gave statements. She kept causing hassle, and kept getting arrested/ bailed. Eventually she has been sent to court to answer various charges. Since her court date has been set, my mum and the old boy over the road have been told that they MUST attend court on a specific date, and if they don't then they will be summonsed (sp?) to court.
Anyway, the woman has recently been evicted by her landlord and mum has decided she does not really want to go to a court room. She spent a lot of time there when we were kids fighting for custody etc..
Upon receiving the letter, she telephoned the police to tell them that she does not really want to go to court, and the police officer repeated to her that there was no way she could "get out of it" and that she would be held in contempt of court if she did not attend.
Now, i personally believe that she should follow the matter through or not have made a statement in the first place. But, generally, could someone tell me the legal situation. Can she be FORCED to attend court, or can she just go to the cop shop, withdraw her witness statement and thus have no further need to attend?
Appreciate the details here are a bit sketchy, but would appreciate advice.
Yes she can. I can't remember the exact names and so forth but in my days as a trainee one of my more fun jobs was to descend into the estates to find some chav and hand him a court summons (?).
Most were happy to turn up but their boss wouldn't let them have the day off unless they were legally obliged to turn up.
Most were happy to turn up but their boss wouldn't let them have the day off unless they were legally obliged to turn up.
rude-boy said:
Yes she can. I can't remember the exact names and so forth but in my days as a trainee one of my more fun jobs was to descend into the estates to find some chav and hand him a court summons (?).
Most were happy to turn up but their boss wouldn't let them have the day off unless they were legally obliged to turn up.
Most were happy to turn up but their boss wouldn't let them have the day off unless they were legally obliged to turn up.
So your saying she can just withdraw her statement, rather than she can be forced to go to court..? Sorry, i realised i have actually asked both questions, meaning a simple YES now could answer boht! Damn Friday lunchtime pint!!
eltax91 said:
Ok, not car related, but though some BiB on here might help.
The story goes like this; over the road from my mum are some rented flats. Recently a young lady, who is an alcoholic, had been living in one of the flats. She repeatedly kept having arguements in the early hours with her B/F, often out in the street. After 7 consecutive nights of loud screaming and fighting in the streets, the nosey old boy next door to the flats reported the lady to the police. My mum and the old boy both gave statements. She kept causing hassle, and kept getting arrested/ bailed. Eventually she has been sent to court to answer various charges. Since her court date has been set, my mum and the old boy over the road have been told that they MUST attend court on a specific date, and if they don't then they will be summonsed (sp?) to court.
Anyway, the woman has recently been evicted by her landlord and mum has decided she does not really want to go to a court room. She spent a lot of time there when we were kids fighting for custody etc..
Upon receiving the letter, she telephoned the police to tell them that she does not really want to go to court, and the police officer repeated to her that there was no way she could "get out of it" and that she would be held in contempt of court if she did not attend.
Now, i personally believe that she should follow the matter through or not have made a statement in the first place. But, generally, could someone tell me the legal situation. Can she be FORCED to attend court, or can she just go to the cop shop, withdraw her witness statement and thus have no further need to attend?
Appreciate the details here are a bit sketchy, but would appreciate advice.
The story goes like this; over the road from my mum are some rented flats. Recently a young lady, who is an alcoholic, had been living in one of the flats. She repeatedly kept having arguements in the early hours with her B/F, often out in the street. After 7 consecutive nights of loud screaming and fighting in the streets, the nosey old boy next door to the flats reported the lady to the police. My mum and the old boy both gave statements. She kept causing hassle, and kept getting arrested/ bailed. Eventually she has been sent to court to answer various charges. Since her court date has been set, my mum and the old boy over the road have been told that they MUST attend court on a specific date, and if they don't then they will be summonsed (sp?) to court.
Anyway, the woman has recently been evicted by her landlord and mum has decided she does not really want to go to a court room. She spent a lot of time there when we were kids fighting for custody etc..
Upon receiving the letter, she telephoned the police to tell them that she does not really want to go to court, and the police officer repeated to her that there was no way she could "get out of it" and that she would be held in contempt of court if she did not attend.
Now, i personally believe that she should follow the matter through or not have made a statement in the first place. But, generally, could someone tell me the legal situation. Can she be FORCED to attend court, or can she just go to the cop shop, withdraw her witness statement and thus have no further need to attend?
Appreciate the details here are a bit sketchy, but would appreciate advice.
The way that the system works is that the police will collect statements that they wish to use in the case. The defendant has the choice of either accepting the content of the statements and having these read out, or if they want to challenge them they can elect to have the witness give a testimony in person and thus be able to be cross-examined.
If the statement is withdrawn, then there would be no reason to attend.
In saying that though, this is a common occurance in these types of cases where the defendants solicitors knows that the witness wont come forward to trial, and the case may end up getting dropped.
I made a statement about 15 months ago and then had second thoughts but was told that there wasn't anything I could do about it. One started, you had to attend if summonsed, or get arrested of course. You could get out if you had a holiday booked, though technically had to tell the court if you were going away and effectively get their 'permission'
Wished I'd not started it at the time, but the mags court wasn't that bad, and nothing like I thought it would be. I imagined dark oak panels, very smug people in wigs asking convoluted questions. Infact mags courts are done out a bit like you'd imagine a 'register office wedding' to be.
Scrote pleaded not guilty till he saw how many witnesses turned up, changed his plea to guilty and we didn't even have to go in.
all done.
didn't even see the scrote.
Wished I'd not started it at the time, but the mags court wasn't that bad, and nothing like I thought it would be. I imagined dark oak panels, very smug people in wigs asking convoluted questions. Infact mags courts are done out a bit like you'd imagine a 'register office wedding' to be.
Scrote pleaded not guilty till he saw how many witnesses turned up, changed his plea to guilty and we didn't even have to go in.
all done.
didn't even see the scrote.
She could withdraw the statement if she was a victim on an assault or personal damage to her property etc but this would not appear to be the case.
As it stands, she could state that she no longer wishes to give the evidence she has given to the police. If the case is important enough, the CPS can have the court summons her as a witness. If she fails to attend after the witness summons, a warrant will be issued for her arrest.
That is how it works.
As it stands, she could state that she no longer wishes to give the evidence she has given to the police. If the case is important enough, the CPS can have the court summons her as a witness. If she fails to attend after the witness summons, a warrant will be issued for her arrest.
That is how it works.
Popular view:
1) Witness forced to attend court, scrote bound over, local force clear-up rate goes up as scrote accepts TCIs in return for 'a word', scrote and friends visit witness.
2) Witness refuses to attend, is arrested ... and jailed. Scrote treated no differently than (1), local force has one uncleared case, witness receives no visit from scrote and friends but now has a criminal record.
Streaky
1) Witness forced to attend court, scrote bound over, local force clear-up rate goes up as scrote accepts TCIs in return for 'a word', scrote and friends visit witness.
2) Witness refuses to attend, is arrested ... and jailed. Scrote treated no differently than (1), local force has one uncleared case, witness receives no visit from scrote and friends but now has a criminal record.
Streaky
Bit of a revival of an old post of mine, but wanted to let you guys know how it went.
Managed to persuade mum to go to court as a witness (after much persuading and the promise i would attend too).
We sat in the witness waiting room for 2 hours as the case was delayed. The scrote arrived at court, solicitor popped in to see how many witnesses had turned up (just my mum had bothered, of course) and then the scrote's plea was changed to guilty. Scrote got a suspecnded sentance for 12 months and let free.
Just as the mighty PH predicted!!
Mum was taken into the court room after and thanked by the beak for attending, which actually made her feel quite good about being an upstanding citizen. The beak actually remarked that she would have walked away free had mum not attended with no case to answer.
Managed to persuade mum to go to court as a witness (after much persuading and the promise i would attend too).
We sat in the witness waiting room for 2 hours as the case was delayed. The scrote arrived at court, solicitor popped in to see how many witnesses had turned up (just my mum had bothered, of course) and then the scrote's plea was changed to guilty. Scrote got a suspecnded sentance for 12 months and let free.
Just as the mighty PH predicted!!
Mum was taken into the court room after and thanked by the beak for attending, which actually made her feel quite good about being an upstanding citizen. The beak actually remarked that she would have walked away free had mum not attended with no case to answer.
eltax91 said:
R_U_LOCAL said:
Welcome to my world.
I can't imagine how pissed off you must get!!It's all just part of the game, I'm afraid. Defence solicitors will usually push right up to a trial date, just to see if the witnesses turn up. If you know how the game works, you do your utmost to make sure you turn up at court with all your witnesses, and you're almost guaranteed to get a last-minute guilty plea.
I hardly ever get to give evidence in a decent trial these days.
In my experience, the 'scrote' is banking on witnesses not turning up or withdrawing statements...if the witness withdraws a statement they still may be called as (IIRC) a hostile witness but usually in a no show of witnesses for the prosecution, the defence moves to have the case dismissed as the prosecution can offer 'no evidence'.
Witnesses who do turn up, may never be called (and you can still claim loss of earnings/subsistence/travel )as the 'scrote' seeing (or being told witnesses are present) change their plea to guilty, thereby saving any extra penalty that may be imposed on being found guilty having first pleaded not guilty.
Having been summonsed as a witness several times have only had one appearance to actually give and be cross-examined on the evidence I had supplied via statement.
Witnesses who do turn up, may never be called (and you can still claim loss of earnings/subsistence/travel
)as the 'scrote' seeing (or being told witnesses are present) change their plea to guilty, thereby saving any extra penalty that may be imposed on being found guilty having first pleaded not guilty.Having been summonsed as a witness several times have only had one appearance to actually give and be cross-examined on the evidence I had supplied via statement.
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