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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask for your court tips

13 replies

ThePriceOfSugar · 07/05/2019 09:06

Hello

I am going to court on Friday to be a witness, testifying against my ex who punched me through a glass sliding door last August. He confessed to the police but pleaded not guilty at a hearing, so we have finally come to trial, judge-only. The cops are the prosecution and I am testifying as a witness, as I said.

I haven't seen or spoken to the ex since the day it happened. The police seem to think we have a fairly watertight case. So I was wondering if anyone has gone through this before and has some tips about how to "ace" the day. I'm not nervous now but probably will be when the time comes.

Thank you in advance mumsnet!

OP posts:
Andromeida59 · 07/05/2019 09:12

Call your the Witness Service as a matter of urgency on 0300 332 100. If you give your details they will be able to find your trial and also be able to get someone to call you back or arrange a Pre Trial Visit. You will be supported throughout the day and also be housed in an area away from the defendant.
Best of luck, OP.

Buster72 · 07/05/2019 09:37

When you are in the witness box stay calm. The defence will try goad you into an argument to make you look discreditable. Face the judge, direct all answers to them.
Do not get drawn into arguments with barristers. If the barrister is overly goading the judge should step in to tell them to wind their neck in.
Dress the part, a conservative suit/corporate wear is always better than jeans. Same with make up.
Prior to being called you may sit in another room seperate from him and his family. Take a friend to sit with you. Ask the police if you can read your statement to refresh your memory.
Above all remember that you are doing the right thing. There is a brighter dawn after this ordeal.
Best of luck

ThePriceOfSugar · 07/05/2019 09:46

Thank you for this advice, especially about facing the judge.

OP posts:
HBStowe · 07/05/2019 09:50

Cross examination is designed to trip you up and make you look like you lack credibility. Stay calm, stick religiously to what you know to be true, even if that means saying you can’t recall particular details. Take time to think before you answer. If his lawyers put a statement to you that you disagree with, don’t argue - just say ‘that isn’t correct. What actually happened is X’.

All you have to do is tell the truth - it’s up to police and lawyers to do the rest. You’re going to be great.

hammylehamster · 07/05/2019 09:51

As above - stay calm and stick to what you know. It's ok to say you are unable to recall something.

Is it crown court or magistrates?

IAmNotAWitch · 07/05/2019 09:55

Stay calm, tell the truth and don't get drawn in by the other side.

Remember it is their job to make you look bad. It is not personal from their point of view so you don't need to take it personally.

As someone said upthread. Address your answers to the judge rather than the barrister and you can take a moment to think about the question and compose your truthful answer. No need to get drawn into (or pushed into) answering quickly.

IAmNotAWitch · 07/05/2019 09:56

And yes, if you don't know the answer just say that. Don't try to fill any gaps or silences - not your job.

Beldon · 07/05/2019 10:03

Face the judge unless it’s a trial with jury, then you direct all answers to them. It’s actually really hard to do as you automatically answer the person asking, but you can only do your best. Don’t try make anything sound worse, it’s bad enough on its own. If you can’t remember anything then just say that. It is quite nerve wracking when you get into court (ask to go in and see it before trial starts) but it’s over very quickly and will be worth it. Good luck and hope he gets what’s due!

Beldon · 07/05/2019 10:05

I agree with above about not filling in gaps too. They left pauses after I answered but I just stood and waited for next question. My answer had just been ‘yes’ or ‘no’

ThePriceOfSugar · 07/05/2019 10:37

Thank you again! I'm not in the UK, it's being held in the district court. I'm lucky in that I am among the first to have had my statement vidéo recorded so I won't have to say it all over again now.
I'm worried about the character assassination that everyone keeps telling me about - what can/will the defence actually try to say about me??

OP posts:
HBStowe · 07/05/2019 10:42

It won’t be a character assassination, but it is their job to make it appear that you are an unreliable witness. That means they may suggest you’re exaggerating / lying / misremembering / confused etc.

They may put an ‘alternative’ version of events to you and say ‘isn’t this what happened?’ They may question whether you are sure about things you have said. They may suggest to you that you have a motivation for lying or exaggerating.

Don’t be drawn into it. Stay calm, stick to what you know, only answer the question you’ve been asked. It will be ok - not fun, but ok.

IAmNotAWitch · 07/05/2019 10:43

What they can ask in cross examination will vary by jurisdiction.

Most questions solely as to your character are not permitted in many jurisdictions. No one here can give you in depth advice though.

Just stay calm and tell the truth.

Iooselipssinkships · 07/05/2019 11:06

They will try confuse you. I was asked several questions in one sentence but the Judge stepped in and gave her a telling off.
He also gave her a telling off for constantly getting dates wrong.
Her junior sat behind her and would nod along to her questioning and 'reasoning' and shake his head when I responded. It was VERY distracting and it even upset me.
Everywhere will say don't cry but don't worry if you do. I did but the Judge gave me a break, gave me moments to get myself together. He was actually very lovely. He had no questions for me and even said she's been put through enough.
Defence will give entirely different accounts of what happened and tell you to admit that you've lied, to tell the truth, and even make up some incredulous shit that can leave you speechless.
Be prepared to fucking hate that person afterwards even though they're only doing their job.
I gave evidence via video so I didn't see my ex however it was a rape case so I don't know if this is the same.
Please look after yourself and get counselling afterwards. Stay strong. Well done on seeing this through. It isn't easy but it's easy to regret not doing it.

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