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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Being a witness

42 replies

SofaKingFedUp · 12/02/2019 12:15

This probably doesn't belong here, sorry but I just want to know if anyone has any information?

I'm due in court today as a witness. One of my neighbours threatened me and my mum and so he was arrested. We have be called as witnesses (didn't actually think it would go this far as he's threatened us before and nothing was done, he has mental health issues)
In the original letter we were told we had to be there at 9:45am and wait around basically. But we called up because I cant find a babysitter on that day and were told that we didn't need to go at 9:45, but they would call us when needed. I was wondering if anyone knows if we will be given a few hours notice to get there? As it's after 12 and still nothing. We called up to ask if they knew a time but were told the papers were in court already so wouldn't be able to give a rough time.
Now I'm panicking, what if someone forgot to write in the notes that they were to call us? Will it be a case of they ring and say you need to get here asap?
My daughter usually has a swimming lesson today at 2, and she really enjoys it do I just take her if they haven't called by then?

OP posts:
SpanielEars070 · 12/02/2019 12:50

I went to court recently as a witness. We had to be there at 9am, were shown the court room, met the prosecutor but then just had to sit and wait for 2 hours. We were then told that the defendant had changed their plea but to a lesser offence and I wasn't needed. Which actually really pissed me off as I felt my voice wasn't heard.

If they have entered a guilty plea, you won't need to go in unless the Judge or Magistrate wants you to.

GreenFingersWouldBeHandy · 12/02/2019 12:57

Agree that being available for the court takes priority over your little one's swimming lesson; it's only one week. Trying to get a wet baby changed and dry while rushing to the court... doesn't sound like a great plan to be honest.

Drum2018 · 12/02/2019 12:57

45 mins away is not near the courthouse. What if they say you need to be there in 20 mins? You cannot hold up an entire court session because you wanted to bring your dd to swimming.

Iruka · 12/02/2019 13:11

The prosecutor will have a list of all their witnesses in the order they plan to call them. If you are at the start of the list you won't get as much notice as if you are further down. Or they may decide they don't need you and release you.

SofaKingFedUp · 12/02/2019 13:12

@Drum2018 I actually live further away from the court than the swimming centre so if they called and said I needed to be thete in 20 mins then I wouldn't make it. I'm just gonna head to the court now with my mum and see if they can give information. Waiting around is making me irritable so at least I'll get a walk out of it and hopefully calm me down.

OP posts:
Shefliesonherownwings · 12/02/2019 13:31

Having worked in the mags courts, they will not ring you up to give you notice. You have been given a time to be there - 9:45am and you need to be there for that time. There will likely be a lot of waiting around, unless on the rare occasion all parties are ready to start straight away at 10am in which case you'll be called as a witness fairly quickly. However, as others have said the likelihood is prosecution or defence will not be ready to go at 10am or defendant may plead guilty to the charge or plead to a lesser charge (on a basis) in which case you won't be needed at all.

I would suggest that when you get there, you'll see the prosecutor and let them know you need to leave by lunchtime. Mags should accommodate this where possible. They will have afternoon cases listed so will want the morning cases dealt with, otherwise it pushes everything back. But be prepared in case it does take all day. Worst case scenario.

Karigan195 · 12/02/2019 13:36

Have you been put on ‘standby’ then?

Could be they have several cases listed and they won’t know what is happening to yours until later.

I wouldn’t take your daughter swimming. You need to be available to go if needed. Otherwise you could be summonsed or the case could be dropped.

SofaKingFedUp · 12/02/2019 13:48

@Karigan195 yes we are on standby. Got here and no one is able to give us any information at the moment.

OP posts:
Coronapop · 12/02/2019 13:57

It sometimes happens that the defendant changes plea to guilty at the last minute precisely because the prosecution witnesses are present and ready to give evidence. Defendants sometimes plead not guilty because they think the witnesses may not turn up (eg this happens in DV cases sometimes). Possibly the CPS were hoping to persuade him to change his plea on the basis that you would attend if phoned.
I think you have done the right thing, and I don't think your original query was unreasonable. Ignore unpleasant replies.

TheTitOfTheIceberg · 12/02/2019 14:06

It's not unusual at all for witnesses to be called up when needed, depending on their circumstances, rather than hanging around court all day - it's called being on standby and happens all the time. It's the norm for expert witnesses but can be extended to other witnesses if required, such as in the OP's case presumably for childcare reasons. (Ex criminal justice system employee here.)

SofaKingFedUp · 12/02/2019 14:14

Just been told he was on at 10am and plead guilty. So missed her lesson and wasted my day. Although we phoned at 10:30 and at 12:30. Nevermind

OP posts:
SpringForEver · 12/02/2019 14:15

From memory you would have received the paperwork a while before the case which would have given you plenty of time to get organised. Also a phone no. for the person in charge of the case should there be a problem.

Being there on time is essential if you want the outcome you were looking for. The fact that I arrived ensured that the scum I had reported for a crime was eventually sent down. The courts are there to do a job, not to piss about waiting for you.

SofaKingFedUp · 12/02/2019 14:27

@SpringForEver I didn't expect people to piss about waiting for me. Like I have said in previous replies I was asking for Information on the process. We were put on standby because I couldn't get a babysitter. For me alone I could have gone but my mum was a witness too and she is my.only babysitter as DD dad lives abroad and our family all live about 9 hour train ride away. I called for info to see if they had a daycare for babies but I was told I would be put on standby.

OP posts:
Cel982 · 12/02/2019 14:52

Some of the replies on here are really obnoxious. The OP was asking a question about a process which, like many of us, she has no experience of, and which can be quite intimidating at the best of times. She's clearly doing her best despite childcare issues and had been in touch with the court a number of times.

Glad it's all sorted OP and that you didn't have to testify Flowers

SpringForEver · 12/02/2019 15:01

As has been suggested, you could have taken turns with your mother though and should have asked in advance.

I was petrified of being a witness, and in absolute dread for months while waiting. I knew it was going to happen and that I would have to attend so made arrangements accordingly. It does make you wonder if you would get involved another time though.

TestingTestingWonTooFree · 12/02/2019 15:02

Glad he pleaded guilty OP and sorry you had a wasted day. You could complain about being mucked about but the criminal justice system is seriously stretched so I’m not entirely surprised.

Andromeida59 · 12/02/2019 16:57

For anyone in this situation, it's always worth calling the Witness Service.

www.citizensadvice.org.uk/law-and-courts/legal-system/going-to-court-as-a-witness1/preparing-to-go-to-court-as-a-witness/preparing-to-go-to-court-as-a-witness/

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