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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder if it makes a difference for this court case??

26 replies

dublingirl66 · 05/02/2021 20:29

So the abuser is up in court in the summer

I am a two hour flight from the court

Do you think it will a difference to the case if I attend remotely rather than in person?

Anyone experience of this?
In a way it will seem so much easier to do it via video link
I just hope I come across ok !!???

Thanks in advance xxxxx

OP posts:
Lockheart · 05/02/2021 20:34

Hi OP, this is really something which would be best to discuss with your solicitor. They'll be able to advise as they'll know the specifics of the case and the court.

Best of luck!

KatyClaire · 05/02/2021 20:35

It depends on the facilities in the court in question but generally this can be arranged. I would speak to the solicitors calling you as a witness to see if it can be done.

AJB3001 · 05/02/2021 20:40

I would have given anything to give evidence via video link, unfortunately I wasnt allowed, even thought I was very heavily pregnant at the time and under alot of distress having to stand opposite the man who beat me black and blue 6 months before! Absolutely speak to your solicitor about arranging this. Best of luck xx

dublingirl66 · 05/02/2021 20:41

Thank you

Cps pursued it so their barristers will be in touch I guess

I hope it doesn't cause problems that the main witness is remote

Would make my life so much easier

OP posts:
dublingirl66 · 05/02/2021 20:42

Great thanks all by the way !!

Really useful

I will be so less stressed from a distance

OP posts:
Floridaflipflops · 05/02/2021 20:44

I listened to a radio interview with a family high court judge ( I think ) he said that remote cases were failing women because the barrister and solicitor couldn’t privately talk to or advise the women in real time.

So I’d ask for advice of your solicitor first before you decide this. All the best to you.

Floridaflipflops · 05/02/2021 20:45

Ah right if your just a witness I’d expect that to be ok

BullshitVivienne · 05/02/2021 20:46

You may not be able to as there usually needs to be a court usher present, even when evidence is given via remote live link. Definitely worth checking this out.

dublingirl66 · 05/02/2021 20:55

@Floridaflipflops yes so true

Was just thinking of this earlier

So I went to police after the bast--- tried to kill me
Reported 100 plus incidents
There are 6 witnesses also

So I just don't know how it would work
Plus the cps barristers ?? Do I speak to them that morning ?
Sorry for all questions xxxx

OP posts:
Mollyboom · 05/02/2021 21:03

Hi

Hopefully this has been agreed in advance? Lots of witnesses in criminal cases now give evidence remotely in the sense that they are not in the court room where the defendant sits, but they give their evidence from another designated room within the court building via video link to the court room, This has been in place for some time so courts are well accustomed to it and it doesn't impact upon the case. If you are no attending court at all hopefully suitable facilities are in place from the location where you are to give evidence so that there are no technical issues as this is the only problem that sometimes arises. You will speak to the Cps barristers on the morning of the case and you should be provided with a copy of your witness statement- where is it you are going to give evidence?

ArsenicNLace · 05/02/2021 21:11

You need to speak to the Police Officer dealing with your case.

They need to apply for you to give evidence via video link.

dublingirl66 · 05/02/2021 21:27

Inner London criminal court

That is so useful to know thank you

OP posts:
dublingirl66 · 05/02/2021 21:29

And yes it has been applied for in advance
It was the witness protection team who brought it up

OP posts:
dublingirl66 · 06/02/2021 09:46

In terms of how I feel it would help me but for the jury is it less effective to watch someone give evidence via video without seeing them there in court???

OP posts:
Mollyboom · 06/02/2021 11:10

dublingirl 66- it really is about the quality of the evidence. If you feel you will give your best evidence via video link then that will be the most effective presentation of your case. I don't think juries take into consideration. It has been around for a while now so everyone is quite used to it in criminal courts. Speak to the witness service and they should be able to answer any questions that you have.

dublingirl66 · 06/02/2021 11:33

Thank you

They are getting back to me soon
I guess this is pre trial nerves

Lots of evidence
Hospital reports etc
So hope that can help too xxxxx

OP posts:
MotherExtraordinaire · 06/02/2021 13:33

@Floridaflipflops

I listened to a radio interview with a family high court judge ( I think ) he said that remote cases were failing women because the barrister and solicitor couldn’t privately talk to or advise the women in real time.

So I’d ask for advice of your solicitor first before you decide this. All the best to you.

This with bells on. Plus if in Crown Court, the jury really struggle to have such affinity. Great for straight shut and close cases....
Mollyboom · 06/02/2021 13:57

Florida flip flops that may be so for family cases but it is very different in criminal cases. The op won't have her own solicitor the case is being brought by the Cps who are well used to dealing with this- it is not an inter- partes case it is being brought by the Crown against the perpetrator so there will be no need for advise or consultation.
The OP will appear on a large screen which will be in front of the jury in the court room. Ii believe there have been some studies undertaken into jury responses to video evidence and I think the conclusions were that the impact was negligible. Video evidence is now routine in Crown Court criminal trials.

dublingirl66 · 06/02/2021 19:02

That is so helpful guys

Thank you

Waiting to hear back and hopefully if possible i wil get a remote option
But who knows

With a bit of luck the abuser will get jail but won't hold my breath he will appear as a fake gent and fool them all no doubt

OP posts:
Thenshewasgone · 07/02/2021 09:14

Have read your other threads OP. I’m at the very beginning of this journey, waiting to see if cps will charge. It’s absolutely horrific isn’t it. Wishing you all the best that justice will be served 💐

Extraordinarytimes · 07/02/2021 10:21

I’m sorry for your awful experiences. Other posters are quite right, video link is a valid option, and one that the courts will be used to. In the area that I work in, we use them with every trial, both links from court, and a local remote link from a specialist children’s centre. Are you within England and Wales? If outside, the Judge may not allow your link as you would not be able to be properly sworn, it can be done though. I have had witnesses flown in and remote linked from a different court. No one connected to the case will be able to advise you on which would be best, as it would amount to witness coaching which is illegal. Barristers prefer you to come to court so that they can come and see you on the day of trial, not so easily done if you are on a remote link (as opposed to court link which is referred to as live link). As to how the jury will perceive it, they are a collection of reasonable people so you could think about how you would perceive it. They are told not to draw any impact from how the evidence is presented, but of course having you in court behind a screen is far more inactive than seeing you on a video screen. That is not to say that it will have any bearing on how they perceive whether your evidence is truthful or not.

If I were in your position, I would go for the remote link if offered. Many trials don’t go ahead on the planned day, the courts are currently in chaos with trial after trial being bumped as very few court rooms are running, and a lot of DV cases plead on the day. So you could have a wasted trip.

If I didn’t do the job I do I would go to court however as there will be support; seeing the prosecutor, the police officer, the witness care people. If you arrive early you may have the option of looking around the court room first. If you have been referred to a DV support agency (Advance?) they should come along too. (If you haven’t been referred, ask! They are very helpful and knowledgeable about the court process. You can still be supported with special measures - evidence behind a screen or a live link from a separate room in the courthouse - again up to the judge, but a screen will pretty much always be granted with DV. You may find your trial will have greater priority to start because CPS will have paid for your flight and accommodation do court will be mindful of that.

I hope this is helpful - ultimately, don’t over stress and go for the option which is best for you. In terms of sentencing if found guilty, the Judge will decide that, and he won’t be impacted by how you give your evidence.

dublingirl66 · 07/02/2021 10:37

Awww wow this is so so helpful

Thank you all

So I am hoping to go with remote

Does it need to be remote from a courtroom elsewhere or my home???

Such a scary journey xxxx

OP posts:
dublingirl66 · 07/02/2021 10:39

And @Extraordinarytimes that is so so useful 🙏🙏🙏🙏

OP posts:
Extraordinarytimes · 07/02/2021 14:42

No problem - just realised that your username probably gives your location! Realistically it will be your local court - it’s usually only if you were bed bound that another arrangement could be made. Best of luck xx

dublingirl66 · 07/02/2021 15:49

I see ok

Interesting

Thanks so so much for that

OP posts:
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