Court summons as a witness - on holiday. Realistically I have no intention of cancelling...

[court888]

I had a very surprising court summons as a witness to a minor crime recently (think petty theft). I provided a statement and some CCTV as id seen on FB that the same person who stole out of my garden had taken things from a few others in our village.

I didn't think anything would come of it to be honest. Nothing of great value was taken and I've not thought about it since.

Until now, apparently I've been called as a witness (I didn't witness anything just the cctv I gave to the police already). However, it is over the dates we are on a once in a lifetime holiday.

I really have no intention or interest in cancelling a holiday we have paid thousands for to attend court miles away to provide the same info I provided 6 months ago about a bit of petty theft.

Realistically what can happen here? I know I could be held in contempt of court but the likelihood given the seriousness (or lack of) of the crime? A murder trial understandable but for this?

I know, I know this is how people get away with this sort of stuff and I wish I could morally be righteous enough to immediately cancel my family hol to help put a thief behind bars but in reality I'm not.

Just to add the holiday is Christmas focused so not as simple as just booking again for a few months later. It means postponing a year. Disappointed kids, disappointed us, wasting a lot of money no doubt too etc etc.

I wouldn't cancel, no. No idea what would happen, presumably nothing?

Is there a number or email address to respond to? Just tell them you are pre-booked on a trip and not available.

Contact the court, explain the situation and ask them what the options are. Don’t just not turn up.

No good deed goes unpunished, as they say. What a bummer. I don’t know how you can get out of this. Maybe write to the judge (or whoever is in charge in these situations) and explain. As you wouldn’t be contributing anything new.

Contact the court and the CPS and tell them that you will be unable to attend and provide them with your holiday details, if you are a key witness the CPS may decide to ask the Court to move the trial to a new date. Definitely do not cancel your holiday.

Contact the court with proof of your holiday booking.

Remind them you didn't see anything except the footage and that you've already provided a statement.

Hopefully that's all you need to do.

As its a summons you can't just ignore it! You need to contact the court and ask them to excuse your attendance

Have you been warned or actually summonsed? It makes a big difference.

All witnesses are listed and warned at the beginning. As the trial gets closer, the defence usually say which witnesses they agree and which witnesses are needed.

At that stage, witness services will get in touch again.

You should contact witness services now and let them know. From what you’ve said, it doesn’t sound like you will have to go.

If you are needed, they can apply to move the trial.

If you’ve actually been summonsed, you will need to attend trial or risk being arrested! It’s very unlikely but can happen in serious cases.

You can't ignore the letter. You need to contact the Court, explain the situation and provide proof that you are away. It would be a good idea to reiterate that all you did was provide footage and a statement. You didn't actually witness anything!

Don't cancel your holiday, contact the department on your summons and send them proof of your pre booked holiday. The lawyers and judge will decide if you really are indispensable in which case they should move the hearing date.

I experienced similar re: incident at university. I was called as a witness. Incident eas minor and did not involve me directly. Except I had moved abroad! Parents told me about the letter. I emailed explaining I now lived hundreds of miles away and had no intention of returning. Provided photos of visa/passport stamps as evidence. Never heard from them again.

Just contact the court and tell them you’re not available they might ask for booking details which you can forward on. If you only provided cctv they could possibly agree your evidence rather than rearranging the court date.
you can’t just not turn up, it’s easy enough to let them know you’re not available.

I would just contact the court , those on jury duty are allowed to say ( I’m on holiday)

Write to the court and include a copy of your travel details and offer to attend via CVP (video link) if they cannot do without your evidence.

Chocolateisameal is spot on. Love the name by the way!

I work in a court.

You need to contact CPS/the court and tell them you have a once in a lifetime holiday booked. If you aren't a very important witness the judge may accept your evidence from your police statement and you won't need to attend. If a warrant was issued they would find you and make you go to court but if you're out of the country this isn't going to happen. Alternatively, you could cancel your holiday and the defendant could plead guilty on the day and there would be no trial so you would miss out for nothing.
Definitely contact someone and explain.

If the case is being heard in a Magistrates' court in England or Wales, some of the responses on this thread are not giving accurate information. If this is a minor crime in England or Wales then I assume that you have been called as a witness in the Magistrates' court. The process would be a letter from your local police force's witness care unit. There will be contact info, I would expect both phone and email for you to reply, send evidence of your booking with your response to avoid them coming back and asking for it.

If you have ignored the initial letter, or replied and said no without explaining why, then you may have received a summons. If it is a summons it will include the word summons prominently in the document and will have the emblem of the court service on, not your local police force (though it may have been served with a covering letter from the police). Potential consequence of ignoring a summons is a warrant for your arrest.

If it is not the Magistrates court in England or Wales you need to find out what the situation is for the court and area that does apply.

Terminology for England and Wales:

Witness warning - the process of notifying witnesses that they are asked to attend court.

Witness Care Unit - police admin staff who liaise with victims and witnesses about court attendance and case outcomes.

Witness Service - part of Victim Support, mainly volunteers, with some salaried staff, who help witnesses at court (who have no involvement with witness warnings or summonses).

Summons - document issued by the court requiring a witness to attend. Has more power than a letter from a witness care unit, maybe required by some employers before they will permit attendance, would probably be needed for an insurance claim, can lead to arrest if ignored.

It was sent by the witness care team and says

We have been advised by the Crown Prosecution Service that you are now required to attend at court to give your evidence.

Unfortunately it went to my old address so it was received months ago (but I had moved) and they called me today and then emailed me a copy.

I have replied stating I'm away so fingers crossed!