Advice over going to court (as a witness)
Advice over going to court (as a witness)
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e39darren

Original Poster:

181 posts

172 months

Sunday 5th April 2015
quotequote all
Long story short but my mother's boyfriend got arrested just before the new year for trying to attack my brother with an axe and has been on remand ever since.
He has pleaded not guilty claiming he done it as a joke and now it's going to trial in a few weeks.
Since this has happened a lot has come out about his relationship with my mother, he was an alcoholic who had hit her a few times and the police had been called numerous times in the past and he has been arrested but never charged (my mother was too afraid to take it any further).
My question is, will the jury be told about all the times he has been arrested for violence or will they deem it not related to this instance?
Also will he be able to read the witness (prosecution side) statements as since it happened my brother has handed his laptop into the police and given another statement over the contents on it (my brother is gay and a lot of Google searches on my mother's boyfriends laptop were about how to get rid of a gay stepson and things like that)
Thanks in advance

MrBarry123

6,108 posts

152 months

Sunday 5th April 2015
quotequote all
No advice OP but I hope the piece of scum gets what is coming to him if he ends up in jail.

Sorry for what your family has had to deal with.

Pebbles167

4,599 posts

183 months

Sunday 5th April 2015
quotequote all
Usually, if a precedent exists for violent or threatening behavior, it will be taken into account. It has to be really, and although he won't be prosecuted for things past, they will help get a conviction.

Hope your mother and brother are dealing with things OP. All the best.

wolfie1978

459 posts

195 months

Sunday 5th April 2015
quotequote all
e39darren said:
Long story short but my mother's boyfriend got arrested just before the new year for trying to attack my brother with an axe and has been on remand ever since.
He has pleaded not guilty claiming he done it as a joke and now it's going to trial in a few weeks.
Since this has happened a lot has come out about his relationship with my mother, he was an alcoholic who had hit her a few times and the police had been called numerous times in the past and he has been arrested but never charged (my mother was too afraid to take it any further).
My question is, will the jury be told about all the times he has been arrested for violence or will they deem it not related to this instance?
Also will he be able to read the witness (prosecution side) statements as since it happened my brother has handed his laptop into the police and given another statement over the contents on it (my brother is gay and a lot of Google searches on my mother's boyfriends laptop were about how to get rid of a gay stepson and things like that)
Thanks in advance
Jury won't be told until after they have delivered their verdict so as not to sway their decision. I served as a juror last year and that's how it was done during my experience

agtlaw

7,417 posts

237 months

Sunday 5th April 2015
quotequote all
e39darren said:
Long story short but my mother's boyfriend got arrested just before the new year for trying to attack my brother with an axe and has been on remand ever since.
He has pleaded not guilty claiming he done it as a joke and now it's going to trial in a few weeks.
Since this has happened a lot has come out about his relationship with my mother, he was an alcoholic who had hit her a few times and the police had been called numerous times in the past and he has been arrested but never charged (my mother was too afraid to take it any further).
My question is, will the jury be told about all the times he has been arrested for violence or will they deem it not related to this instance?
Also will he be able to read the witness (prosecution side) statements as since it happened my brother has handed his laptop into the police and given another statement over the contents on it (my brother is gay and a lot of Google searches on my mother's boyfriends laptop were about how to get rid of a gay stepson and things like that)
Thanks in advance
Jury - depends if there's a bad character application.
Statements - yes, solicitor will give copies to D, or at the very least go through them with him.
Gay stepson - some quite disturbing google results. Didn't see any mention of using a special axe.




Dodsy

7,175 posts

258 months

Sunday 5th April 2015
quotequote all
When I did Jury duty we were only told after the verdict. But in one case one person got up to give testimony and blabbed all about their own previous history of malicious allegations that had been to court and been dismissed, trying to show how hard done by they were and it was all someone elses fault. Didnt help their case at all.


Mojooo

13,291 posts

211 months

Sunday 5th April 2015
quotequote all
Bad character may or may not be introduced into evidence - usually the legal people have a debate about it and it is up to the judge whether to allow it or not.


CoolHands

23,647 posts

226 months

Sunday 5th April 2015
quotequote all
He'll probably bottle it anyway and plead guilty on the day to get a lower sentence. But crims push it to the day by pleading not guilty to deter witnesses from turning up etc in which case they would then get off. If everyone turns up their solicitor tells them to change their plea. (assuming it's a bang to rights case)

photosnob

1,339 posts

149 months

Sunday 5th April 2015
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If the laptop is given into evidence I'd consider leaving the country... One why was your gay "brother" searching through his laptop. Two if your brother has acess to his laptop who is to determine that it wasn't the brother using his laptop before setting him up...

My prediction is: either pleading guilty before the trial, or a not guilty verdict. Something isn't right here... I'm not sure what. But why was the brother on his laptop which the police didn't feel fit to seize. His playing around with it alone reduces any evidentiary value...

Police had been called numerous times in the past and he has been arrested but never charged (my mother was too afraid to take it any further).

Sounds like rubbish to me. Firstly if i was truly scared I would not call the police. Secondly it's up to the police and cps to decide if they want to charge. More likely someone else called the police. Possibly your bother...

My question is, will the jury be told about all the times he has been arrested for violence or will they deem it not related to this instance?

As said the CPS may try to submit a bad character app... I'd be amazed if it was successful. The alleged violence was not against your bother... And it's unlikely they even have statements to support it...


Edited by photosnob on Sunday 5th April 20:59

Mojooo

13,291 posts

211 months

Sunday 5th April 2015
quotequote all
If those TV cops shows are anything to go by it is not uncommon for victims of domestic violene to call the Police when they need them in an emergency but then not back it up with a witness statement when it comes to prosecution.

I also read if that the brother handed in the step father laptop - not that the brother had done anything to it. the police may have had no reason to take the laptop.

photosnob

1,339 posts

149 months

Sunday 5th April 2015
quotequote all
Mojooo said:
If those TV cops shows are anything to go by it is not uncommon for victims of domestic violene to call the Police when they need them in an emergency but then not back it up with a witness statement when it comes to prosecution.

I also read if that the brother handed in the step father laptop - not that the brother had done anything to it. the police may have had no reason to take the laptop.
Being realistic why woulf the brother know to hand it in??! And why would the police take it... Unless they had been told.... And how would they know what the police have found?? I'll tell you the police just don't call up and give it all away like that.

And on TV shows that might be the case. It might be realistic as well. But in the case of serious assault the police won't care if they have a statement.., otherwise no murder would be prosecuted. More likely a circle of domestic arguments where one party calls the police when they have had enough. The police would bail him with conditions if they thought he was violent...