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If I'm a victim of a crime and it's going to court..

70 replies

purpleme12 · 08/05/2023 12:15

Do I need to sort my own solicitor?
And pay for it?
Who sorts this?

OP posts:
ASBneighbour · 10/05/2023 18:57

Oh I get it. It’s not a breach of bail conditions to make comments towards you about you in garden unless they are directed at you…. That’s what I was told. Except it is harrassment and could come under section 4. You need the police to continue gather evidence of all offences as well as convicting on current one.

https://www.stephenlickrish.co.uk/legal-services/general-crime/public-order-offences/section-4a-international-harrassment-alarm-or-distress/#:~:text=The%20Public%20Order%20Act%20offence,heard%20by%20the%20Magistrates%20Court.

Keep reporting incidents and hopefully you can get one on her.

Is this what he has been charged under

https://www.stephenlickrish.co.uk/legal-services/general-crime/harassment/

Make sure a restraining order is requested and you should be asked what you think it should include and duration ( I wasn’t asked this part).

Section 4A (International Harrassment, Alarm or Distress)

Section 4A offences usually include intentionally causing harassment, alarm or distress to a person by your actions.

https://www.stephenlickrish.co.uk/legal-services/general-crime/public-order-offences/section-4a-international-harrassment-alarm-or-distress/#:~:text=The%20Public%20Order%20Act%20offence,heard%20by%20the%20Magistrates%20Court.

KingsArmy · 10/05/2023 19:14

Hi OP, I am a witness service volunteer who supports witnesses giving evidence at Court. We are different from victim support and witness care and are part of the citizens advice.
You can request a pre court visit which may help alleviate some fears as you will meet someone like me, see the court room and have a chat about what will happen on the day. If you contact the court and ask to speak to the witness service manager they should be able to arrange that for you.
It is nerve wracking coming to Court but I've found Magistrates very encouraging and understanding- they want you to give your best evidence and hear what you have to say. We as volunteers are there to support you, answer your questions and guide you through the day. I have even sat behind witnesses in Court who are especially anxious.
I hope that helps, DM if you would like any more info.

purpleme12 · 10/05/2023 19:48

@ASBNeighbour yes harassment.
Recently they have again reported us to the police for the same reasons as another time.
When I say us, I actually mean my child who is 9.
Police aren't going to take it further/look into it but it's relentless.
I think it's gone on so long it's really dragging me down. I can't even describe.

Can I ask at what point I should be asked about the restraining order? I don't want to miss this.
I assumed I would be consulted about it after the court if he's found guilty but obviously I'm probably wrong!

OP posts:

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purpleme12 · 10/05/2023 19:52

@KingsArmy oh thank you I didn't know this.
I don't know what court it will be at?
The police person who rang just told me he'd plead not guilty she didn't know when the court would be but probably between 1-2 months?

OP posts:
ASBneighbour · 10/05/2023 20:03

It’s the CPS who request the restraining order. I had to remind my police officer. Twice. So it should be now. It’s the judge who deals with it at same time as the offence. It can be made even if found not guilty.

purpleme12 · 10/05/2023 20:21

Ok so I should contact the police officer?

I just don't think he gets it.

It is the comments from the garden that worry me.
The comments are designed to intimidate my child/bully my child mainly.
But they are not necessarily always talking TO my child if you see what I mean.
I'm worried that these won't count to include in the restraining order.

OP posts:
FranklyADick · 10/05/2023 21:04

Remember you aren't on trial here, the neighbour is. It's the CPS prosecuting him. I was involved in a similar situation where the person on trial believed it was an us against them situation. He seemed to think by blackening our side the court would suddenly change and start prosecuting us. That's not how it works. The CPS has decided there is enough evidence against him already. You are only there as a witness to help them make their case. I appreciate it is upsetting, but further harassment from the neighbours at this point only makes the CPS case stronger. Effectively they are shooting themselves in the foot by continuing to try and accuse you. I know it's hard but try and hold on to the fact that this is not a direct battle between you and them now. Keep logging and recording all incidents. Take all the support given in terms of visits beforehand etc and take all advice offered. When answering questions be truthful, but only answer what is asked, don't feel the need to add or explain more. The magistrates can see when people are being honest. If your neighbour tries to tell the magistrates all the reasons they think you are bad people thry will prove themselves that they are harrassing you.

ASBneighbour · 10/05/2023 21:19

Good advice @FranklyADick

Yes contact police office and tell them what you want/need. My children were included in the restraining order and only one witnessed the threat to kill. One was at nursery.

KingsArmy · 10/05/2023 22:08

OK so you will receive a letter with the Court name and time you need to attend. Courts tend to be in clusters, so we have 4 within my cluster, although they are spaced quite far apart!
With regards to the restraining order, I have heard this discussed by the prosecutor when they come to meet the witness on the day. They ask the witness that should the verdict be a guilty one, would they like a restraining order, they will then bring this up in the Court. When this is due to run out you can go to the police station and put in a request for it to be renewed. However it is not requested (from what I have seen in the 2 years I have been there) if the verdict is not guilty. I am not legally trained so this is just what I witness first hand at the Court I am at.

purpleme12 · 10/05/2023 22:11

Thanks for everyone's comments. Really helpful.
Any more is welcome too.
I'm so scared. Not just of this court, of them and the lengths they might go to

OP posts:
Ginger1982 · 10/05/2023 22:14

Answer what you're asked and no more.

'Do you know what time it is?'
'Yes' (not 'yes, it's 10.15').

Silly example but makes the point.

KingsArmy · 10/05/2023 22:18

As has been mentioned already, the CPS would not be spending money on bringing it to Court if they did not feel it had a good chance. However you are a cog in the wheel of telling the story and supporting what the CPS are alleging. Your role is therefore an important one. The best way to approach it is, obviously, to tell the truth, then no matter how many ways they phrase their question it always comes back round to the truth.
Take your time with your answers, you are not in a test, nor are you the one on trial. Your answers need to be factual, this is what happened, not, I think this is what happened.
As mentioned you need to keep a log of everything and keep reporting to the police. Make sure the police get copies of evidence, CCTV etc, confirm they log it and submit it to the CPS if they decide to prosecute in the future. You cannot rock up with new evidence on the day of a trial. We get a lot of neighbour disputes, some going on for 25 years! Sad and stressful situation for lots of people.

KingsArmy · 10/05/2023 22:19

Oh and take something to do........it is a LONG wait sometimes!

purpleme12 · 10/05/2023 22:42

Thank you

25 years 😟

OP posts:
purpleme12 · 12/05/2023 22:11

So it turns out i have received an email from witness care - it went into my junk!
It's a good job I checked as it would have been deleted in 2 days.
It tells me the date and place of the court 😟.
And it's on a week I've took a holiday off work 😟

OP posts:
purpleme12 · 12/05/2023 22:18

If no response is received from the addressee of this letter, a Summons may be issued to secure your attendance at Court.

Rather scary wording

OP posts:
ASBneighbour · 13/05/2023 07:13

Are you away on holiday? If not I’d cancel leave and just take that day. You’ll be stressed around the build up and not enjoy you’ll leave.

TiredOfCleaning · 13/05/2023 07:19

Thelnebriati · 10/05/2023 12:58

@purpleme12 Do you keep an incident diary? Its a record of the date, the time, and what happened. Start keeping one now. Bring it up to date with everything you can remember happening so far. Seeing it all written down can be very effective.

I am going through something with a neighbour that I think will escalate. I write myself an e-mail with the incidents so there is a date and time on it as a means of recording what has happened.

purpleme12 · 28/07/2023 10:30

I am so sad.
Even though I know he was guilty, they said not guilty.
It was only based on 2 videos 2 days apart. I wasn't allowed to talk about anything else they've done to us even though it was in my statement.
Now they feel vindicated. They can come into our garden at any time there's nothing stopping them. And I know it will keep going on or get worse.
Wouldn't even give a restraining order.
It is so awful. I can't even describe how I feel.

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