Attending court as witness at 38 weeks pg

[Lunaticfringe12]

Hi,

I'm due on 5th Aug and will be induced by then at the latest. However also due to attend court as a witness on 27th July for the prosecution for a minor assault I witnessed nearly two years ago.

Do you think I will be reasonable to ask for exemption from court on this basis? I think it is up to my Gp to decide but don't want a wasted trip if Iabu.

Thanks.

I've given evidence in court at 38 weeks. It was fine, I was treated very well by both the prosecution and the defence, the judge and court staff were really helpful. The judge insisted I sat down in the box to give evidence. If I were you I'd get it out of the way before baby gets here.

Unless you're in labour on the day, why wouldn't you go? I worked up to 39 weeks, as do many people. I'm shocked that you're trying to get out of this.

I did a case at 8 months gone (I'm an EHO so it was my case, so no chance of not attending!). I was really worried about it but everyone was lovely, and I was allowed to sit down when doing my bit. Had to stand sideways in the box though as it wasn't huge and I was!

Without meaning to be goady is there any reason you can't do it? Court is generally LOTS of waiting around and you will be able to ask to sit/move/have a drink/pee if you need to.

I was more worried the date would be moved til after the birth and I'd then have to attend with my newborn!

Honestly, you'll be fine and everyone will look after you especially if you look like you're about to drop like I did!

Right, so court is close to home.

Why on earth are you trying to get out of it then?

Consider also that you may not be granted a Soul and Conscience as the gp has to confirm that you are too unfit/unwell to attend court and he may also be called to give evidence to that effect.

I had one granted to excuse me from court about ten days after my section and I had a bit of a battle to get it, I thought at one point I wasn't going to.

There is always the possibility of a guilty plea on the day.

Obliviated your situation situation sounds v difficult

No I don't think it's reasonable unless there are complications / medical reasons not disclosed in your OP. What is your worry? I'm sure they will let you sit down / eat & drink as you need to etc. Hope it goes well by the way.

Definelty phone the court.

DH is to be called as a witness to a serious crime, he had a letter stating that he had to be available for the expected six weeks of the trial and if there were any exceptional reasons that he couldn't attend, then he was to inform them.

This is in England but I'm sure they will have similar in Scotland. Did you provide a witness statement at the time? Would the court accept that as evidence?

Ok consensus seems to be that I am being a wuss...

So maybe my plan will be:

• to let the Procurators know that I possibly might not be able to attend and get Gp note to support this
• to ask if there will be any support available on the day. Eg breaks etc.
• Only not go if I am physically in labour on the day...

How does that sound?

Excuse typos!

That sounds good Lunatic

I'm not sure why you don't want to do it. Unless you're in labour I believe you've got a moral duty to attend and give your evidence.

But what's the GP note for?
I still don't understand why you're trying not to go.

I can see why you might not want to go a week before having a baby due to the extra stress if you've never been to court before and it depends on how you feel. In one of my pregnancies I was on crutches and strong pain relief, I wouldn't have made much sense. Having said that going after a baby would probably be worse and more hassle if you are bf etc.

That's the best thing to do op. There will be plenty of sitting about so will be boring as opposed to hard going.

They will want documentation off you as I'm sure you appreciate they hear people's stories/reasons for non attendance all the time!

Courts have canteens so plenty of opportunity for tea and something to eat.

Better to get it out the way before baby is born!

That sounds good to me.

BTW, ignore the 'pregnant not ill' comments - being 38 weeks pregnant may be a normal, everyday occurrence, sure, lots of people work until the last minute, but it can also be bloody debilitating.

If you want to prove that to yourself, find a set of stairs somewhere (like up from a tube station) and see how long it takes you to climb them now. Try again a couple of months after you've had the baby and you'll feel like Rocky. At 38 weeks I used to have to pause 4 times on my way up 2 flights. A fortnight after having DS1, I happily climbed them in one go (and that was post c-section - it was the lack of baby pressing on my internal organs that made all the difference)

Nothing the OP has said suggests that she's debilitated any more than is usual for 38 weeks (or the 36 or so she is now).
And nobody is asking her to climb flights of steps - just go to court to support the prosecution of someone who attacked her BIL.

should yes I've never been to court before or given birth... Just assumed the two didn't mix...

Everyone I've mentioned it to in RL has just assumed I wouldn't be expected to go as so close to due date but it's only now that I am giving consideration.

Lunatic,

Contact the PF's office (0844 561 3000) and ask to speak to the team dealing with the case. Thenexplain that you are heavily pregnant and due to give birth around that date. They can note the papers and the procurator fiscal depute can try and call the case earlier on in the day and perhaps see if you can give your evidence first to save you waiting around all day.
You can ask your doctor for a soul and conscience but not all will give you one for pregnancy - particularly when you're not unfit.
I understand that it can be stressful however in reality, being a witness involves a great deal of sitting around (bring a book) and then answering a few questions. You've said yourself that it's not far from home. If you don't attend they'll continue the case until a later date and you'll need to organise childcare. I think if it was me, I'd prefer to just get it over and done with!

I assume there is some kind of complication as you say your due date is the latest you'll be induced, in which case the induction may be started earlier? You should let the court know that's a possibility.

My reason for not wanting to go was stress and anxiety which has affected me in the past few months. But if attending court sends me into early labour that may be no bad thing compared to being induced the following week!

Yabu very much so.
Bloody hell
Being pregnant isn't an illness, even 38 weeks! You won't drop the baby on the court room floor even if , if, you do go into labour.

If you do get excused they'll delay the trial and reschedule it for a few months time - when you have a newborn

Definitely phone the Fiscals office and make them aware how pregnant you are.

Well OK, then, I also couldn't actually sit for extended periods of time (made doing my job at a computer interesting) - it became uncomfortable, and eventually I'd start having breathing difficulty. I had to wee frequently, seemingly whether I drank or not, I was continually knackered.

None of these things are unusual. All make spending a day at a court rather harder than for a non-pregnant person.

OP your actual evidence giving may be very quick, maybe a matter of just 5-10 minutes! I very much doubt it'll be anything you require a break from. For those asking about written evidence, she has already provided a written statement which is how she has been called as a witness. The point of her attending to give her evidence is so that she can be cross examined about it by the defence which is done live in court. I doubt very much it'll be robust at all, the judge will absolutely not allow it. The court are very supportive of witnesses these days. I bet there will be a guilty plea.