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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Attending court as witness at 38 weeks pg

92 replies

Lunaticfringe12 · 13/07/2016 18:56

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.

OP posts:

justabigdisco · 14/07/2016 18:33

BillSykesDog yes I have, twice, and neither pregnancy was easy. I also have experience with situations like this through my job and I can assure you that 'being pregnant' will not excuse the OP from attending.

MrsJoeyMaynard · 14/07/2016 21:10

I'd go if you're physically able to - from what pp say, it sounds like the alternative would likely be having to go a few weeks after birth anyway. Given a choice, I'd rather be a heavily pregnant witness than having to take a newborn along.

I've no experience of courts, so not sure how all this works, but can you make the court people aware in advance how pregnant you will be at the time of the trial?

I know lots of people are still working at 38 weeks, but the furthest along I've ever got before labour is 37 weeks, so the prospect of you being in labour or still an in-patient in hospital after giving birth at the time of the trial doesn't sound that far fetched to me.

brummiesue · 14/07/2016 21:35

I was working 12hr shifts on a busy emergency ward at 38 weeks pregnant. Im sure you can manage a few hours sat down in a court room

hownottofuckup · 14/07/2016 21:52

If you don't attend nothing will happen, but obviously it could impede the case. It also could make no difference as sometimes witnesses are called but then not used on the day.
It's up to you really. Hope you managed to get in touch with the right person to talk it through with.

Redglitter · 14/07/2016 22:23

If you don't attend without being excused you could very well find yourself arrested. You can't just not show up at court

hownottofuckup · 14/07/2016 23:50

It would be highly unlikely.

Redglitter · 15/07/2016 00:05

Actually it's very common. The court won't just say oh well X didn't show up, never mind. It's most likely that the trial will be postponed til the afternoon or next day and police officers will be sent out to remind the witness they were due at court and advise them if the adjournment and when to reatrend. If they didn't show up again then an arrest is very likely. They're not going to just let witnesses decide who's going to show up and who's not

FairyDogMother11 · 15/07/2016 00:16

Court is a lot of sitting around, I wasn't a witness, but attended Jury Duty for two weeks. I drank a lot of tea and read a good few books. It isn't quite the same but I am a diabetic and I had to make them aware of that, and they made sure allowances were made. Just speak to them, it'll be fine (and hopefully your part will be over quite quickly.) Good luck x

hownottofuckup · 15/07/2016 00:45

You really think any force is going to allocate resources to arrest a heavily pregnant OP for failing to attend as a witness for a minor assault? Really?

If she refuses to attend (and how will they know if no one gets in touch to confirm her attendance, which they should) then they could apply to the court for a summons.
Then if she still didn't attend they could arrest they wouldn't though

Redglitter · 15/07/2016 01:36

Your attendance doesn't get confirmed. You don't send an RSVP. You're cited you attend it's not an invitation. It's not optional you MUST attend unless you're formally excused. Yes resources would be assigned to trace her if she didn't show up. The most likely thing would be they'd either escort her to court for the afternoon session or warn her she must be there the next day.

LilacInn · 15/07/2016 01:52

Appearing in court if necessary is a basic civic duty and part of the price we should willingly pay for being part of an orderly society.

It's not something to shirk lightly and unless you are truly incapacitated-not just uncomfortable- you should do your utmost to be there. Your private opinion of the merits of the case is irrelevant.

Mediumplate · 15/07/2016 02:21

I attend Sheriff Courts in Scotland as a witness in a professional capacity and the PF can put witnesses on 'standby'- so finite example I could as for one hour/ two hire standby and they would give me a phone call, at which point I would have one hour/two hour to travel to the court. I don't know if this is available to all witnesses but would be worth asking the PF.

A few people have mentioned courts short hours but I'm almost certain one a trial is on progress it can go on until late in the evening in the bigger Sheriff Courts.

Good luck, you'll be fine. I have seen in done courts, Victim Support (charity) offer advice and support to prosecution witnesses so could be worth seeing if this is the case :/ the court you will be attending.

NowWhat1983 · 15/07/2016 03:01

Court is not far from home at all so travel wouldn't be a problem.

Havent read the thread but trials are the most boring thing ever. I did a crime seat when I was a trainee.

Witnesses are not permitted to watch before they give evidence.

You will sit on ass literally all day. There will be a waiting area outside the court or in the lounge or the cafeteria you can use whilst you wait. You will probably be allowed to sit whilst you give evidence. Once you have given it you go home. Not even any transport issues.

If you are unable to do that, I dont see how.

JudyCoolibar · 15/07/2016 07:41

Even if you had a letter saying you couldn't go, the most likely consequence is that the trial would be postponed, not that they would do without you. They can't use your written statement because you have to be available to be cross-examined. PP are right, it's probably in your interests to be 38 weeks pregnant because the defence won't dare to be nasty to you.

PridePrejudiceZombies · 15/07/2016 08:04

I was working 12hr shifts on a busy emergency ward at 38 weeks pregnant. Im sure you can manage a few hours sat down in a court room

You present this as though you think your two statements are linked. Which would be strange, since they can't possibly be. And why are you sure? OP has given very limited evidence about her condition in pregnancy. All we know is that she's not going to be allowed to continue past due date.

hownottofuckup · 15/07/2016 08:28

Well not in my experience Red but Scotland may well be different.

Original poster

Lunaticfringe12 · 18/07/2016 05:59

Hi all,

I have emailed the Procurator Fiscal's office saying that I can't stand for long and asked if that can be taken into account when giving evidence etc. And I mentioned that there is a possibility that I may go into early labour and so will keep them notified should my circumstances change.

Other than that my plan is just to turn up on the day and see what happens, am happy to give an update as to how it goes for everyone who has taken the time to provide constructive comments.

OP posts:

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