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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to want dh to give evidence in court anonymously

11 replies

Ladysamantha · 15/10/2013 08:25

My dh witnessed a drunk guy with his girlfriend start attacking two blokes on our road late one night.I was asleep so missed the whole thing. He has now been summoned to give evidence but his name and address will be displayed.
I am worried they may try to get revenge.
Ainu to insist he doesn't go to court or am I being silly.

OP posts:
nennypops · 15/10/2013 08:32

If he is summonsed then, if he fails to go, he can be imprisoned for contempt.

If you were attacked by someone who got away with it because a vital witness didn't turn up at court, how would you feel about it?

BrokenSunglasses · 15/10/2013 08:41

I think your concern is valid, but if he's been summoned then you can't insist that he doesn't go. He doesn't have a choice.

Is there a number on the letter he received that you could call and get some advice from?

It does seem unfair that his name and address has to be published.

A friend of mine was in a very similar situation and although she went to court on the right day, she didn't have to give evidence in the end, I forget the reason why. So you never know, it might not go all the way.

livinginwonderland · 15/10/2013 08:46

He doesn't have a choice - if he doesn't turn up, he'll be arrested for contempt of court.

I agree he should be able to stay as anonymous as possible, though.

Original poster
Ladysamantha · 15/10/2013 09:04

Thanks for the replies. I know deep down he should go and do the right thing, but I can't help but worry.
I think there is some law that the defendant has a right to know who his accuser is, but the other two guys who he attacked will be there too-I hope.

So maybe his evidence may not be needed.

OP posts:
Chucklecheeks · 15/10/2013 09:10

His name will be disclosed buy never his addreses.

Chucklecheeks · 15/10/2013 09:14

Sorry posted to soon. Only the prosecution is aware of your husbands address and these are not passed to defence. He will be entitled to special measures and can be screened from the court so that the defendant and public gallery will not see him. He needs to phone the witness care unit that sent him the initial court warning and they will arrange for an officer to take a statement in support of a special measures application.

DoJo · 15/10/2013 09:25

The penalties for witness intimidation are very harsh, so if the accused even appears to be trying to contact your husband then you can report him for that and he will really have the book thrown at him. My husband has to see a guy he testified against over a similar incident because he lives about 5 houses away from us, but I think the police are pretty clear about how dim a view they take of any attempt by the accused to bother a witness.

Original poster
Ladysamantha · 15/10/2013 10:27

Thanks dojo that is very reassuring.

OP posts:
PaddingtonBearsDuffleCoat · 15/10/2013 10:40

The prosecution can apply to the court for special measures such as screens but it is up to the magistrates or judge ( if Crown Court )whether or not those are granted. There should be a number on his summons for the Witness Care Unit and he can call them and talk over any fears he has of intimidation. It is only natural to feel anxious in this situation but he does need to turn up. If the defendant changes his plea to guilty then your DH will not need to give evidence.

Lifeisontheup · 15/10/2013 10:48

I've got to go to court re an assault at work where part of the assault was a threat to 'find out where we lived and come after us' . I've been told my address will not be released to the defendant. TBH I wouldn't hold out much hope of him spending enough time off cannabis to find his way out of a paper bag let alone travel 20 miles to find me so I'm not too bothered.
There isn't an option not to turn up, you're in contempt of court then.
Hope it goes well and he doesn't have to give evidence in the end.

cozietoesie · 15/10/2013 10:55

....but I think the police are pretty clear about how dim a view they take of any attempt by the accused to bother a witness....

I'm sorry, DoJo, but that is a very sanguine view in my experience. I had the whole harrassment campaign (funeral home brochures arriving, phone calls seeking hooker services, late night taxis and pizzas, eggs thrown all over the front of the house etc etc) and the police said there was nothing they could do unless I was actually physically attacked.

Before, I would always have said 'give evidence' without a thought - now I'm not so sure.

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