Advice needed re court case

[Doinmummy]

Are there any barristers or criminal lawyers out there who wouldn't mind me PMing them with regard to a court case in which I am a witness please ?

[Doinmummy]

Maybe this is too vague and I can understand not wanting to get into a long PM chat . So, my question is how likely is it that a trial will go ahead without the defendant if they keep messing about saying that they are ill and not turning up to court ?

[andintothefire]

Is it a criminal trial? Generally the court will want to be satisfied that the defendant is genuinely unable to attend. However if there is evidence that the defendant is avoiding the trial the court can alter the bail conditions (or revoke bail) or as a last resort proceed in the defendant's absence.

[Doinmummy]

It is a criminal trial. Defendant pulled the 'not well' card months ago and the trial was postponed so a medical could be carried out . Trial due to start again today and defendant didn't turn up, has been arrested and is now in the court cells.

[JustanotherJP]

Magistrates or crown court? Any idea how long the trial is due to take? And finally what offence?

The trial slot has probably gone now, unless it was due to last several days. So in reality they will probably be brought to court tomorrow morning and another trial date fixed but it really depends on the individual case and the court's availability.

If there is another trial date in a few weeks it is likely the defendent will get bail again (again depending on the offence and their history).

A few more details and we could give a better idea.

[Doinmummy]

It's crown court and the trial is due to last for about 2 weeks. It's an historical allegation if you get my drift.

[Justanotherjp]

Well hopefully it'll go ahead tomorrow then. I am more used to short trials but if it has a couple of weeks allocated I would imagine they will proceed tomorrow.

Good luck with it all. Just tell the truth as you remember it, being a witness can be unpleasant (I have been a witness in a crown court case myself years ago) but have faith in yourself and be proud you have done it.

[Doinmummy]

Thankyou, I was all geared up to go tomorrow and now it's not happening.

[Doinmummy]

I hope it does go ahead , we've been told that the judge is less than impressed with all the delays.

[Justanotherjp]

That's hard. Hopefully it will start tomorrow and you will find out what is happening. I assume you have a number for witness care who you can ask tomorrow?

[Doinmummy]

We have , they've been really good at updating us and are as frustrated as we are .

[Doinmummy]

Do you think the defendants legal team are advising them to not turn up ?

[Justanotherjp]

Trials in absence (ie when the defendent doesn't turn up) happen quite often in magistrates but less often (if ever??) in Crown.

With any luck he may turn up then plead guilty which would save you giving evidence. It is not uncommon for pleas to change.

Finally, it is very difficult to prove historical crimes 'beyond reasonable doubt', so whilst I hope all goes to plan, please don't feel devastated if it doesn't work as you hope.

[Justanotherjp]

Sorry forgot to add that even if they find not guilty doesn't mean they don't believe you, just that the level of Proof may not be adequate for a guilty verdict.

I would think it very unlikely his legal team will advise him not to turn up. It is not in his interests.

[AugustaFinkNottle]

The legal team won't be advising the defendant not to turn up: they'll be very well aware that, without solid medical evidence, it just doesn't work.

[Doinmummy]

I have thought about how I will feel if we don't get the verdict we hope for. It doesn't bear thinking about.

[Justanotherjp]

Fingers crossed for you. Am off to bed now but will try and check in tomorrow. Try and get some sleep

[Doinmummy]

Thankyou so much, it's all a bit bewildering. Off to bed too .

[Doinmummy]

I've been called to appear tomorrow .

[Justanotherjp]

That's good.

Be brave, it won't be easy. Remember always that you are doing the right thing, telling the truth about what happened. The defence barrister will try to trip you up but keep calm and just tell the truth as you remember it, don't let them twist your words. Believe in yourself.

Again, I really hope you get the result you are hoping for.

[Justanotherjp]

How was it?

[Doinmummy]

Stressful ! The defences questioning was a bit 'clutching at straws' , I kept my answers very short and to the point so they didn't have much to argue against. The trial resumes next week so keeping fingers crossed

[justanotherJP]

Oh that is good, you clearly handled it very well. Are you finished giving evidence now?

[Doinmummy]

I think I am finished , although we can't discuss the case until everyone has given evidence and they're sure they won't need me back. I would like to go and listen to the verdict though

[Doinmummy]

If he is found to be guilty , will he be sentenced there and then ? Also he is being tried under the law as it was 40 odd years ago, I wonder if it will carry a custodial sentence ?

[BeckyMcDonald]

If he is found guilty they may adjourn for medical reports (if necessary) but judges like to get things tied up so it's likely he'll be found guilty then sentenced either later the same day or, depending on the time of the verdict, that same day.

Like someone said up thread OP, I'm assuming what type of case it is, and they are very hard to prove. So if you don't get the verdict you want remember it still happened, the jury probably believed you, but there just wasn't enough evidence to convict. I see lots of these go the wrong way and you have to hold your head up high and be incredibly proud of yourself for having the guts to stand up in court and tell people what happened. Fingers crossed for you.