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AIBU?

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Original poster

Not to attend court tomorrow

31 replies

GettingThemFromHereToThere · 02/02/2022 15:47

I was a witness to a fight a few years ago. I didn't know either of the parties and no one was seriously hurt (the"victim" actually initiated the fight and ended up with a broken cheek bone or similar - nothing life changing or particularly nasty). It was a one punch type fight between two guys of equal standing.

Anyway... A solicitor got in touch recently wanting a witness statement. I stupidly agreed I was there and provided a statement.

Now I've received a summons today to attend court TOMORROW. I don't want to attend. I'm very busy at work and my partner needs the car to take kids to school.

  • Do I have to go?
  • what will happen if I don't?
  • It seems they need to provide 7 days notice?
  • How much compensation can I get for a missed day in the office and kids missing school?

Thank you!

OP posts:
Thedogscollar · 02/02/2022 15:51

Legally you have to attend or you could face a fine or be arrested.
I'm sure this is right if you are summoned. If not I stand corrected.
Sorry but I think you will have to go.

SilverHairedCat · 02/02/2022 15:55

Yes, you have to attend court. I assume you're a witness for the defence if a solicitor contacted you, not the police?

Is this a criminal case in England, Wales or Scotland? If so, this won't be the first letter you've been sent about the case, you'll have been "warned" it was to be heard this week) unless it wasn't a fixed case, in which case you were warned it might be heard this week).

If you fail to attend court, they can issue a court summons and you can be arrested to be brought before the court. Worst case with that is being held in a police station overnight....

JohnStonesMissus · 02/02/2022 15:55

A summons is exactly that, it's not an invitation, if you don't attend I think you can be in contempt of court and be arrested and it doesn't matter how busy you are at work I'm afraid..

SilverHairedCat · 02/02/2022 15:55

*issue a bench warrant

GlamourSpider · 02/02/2022 15:57

Yes you have to attend. DP was in a similar scenario many years ago and didn't want to attend, they phoned him that morning to check he was en route and told him he'd be in contempt of court if he didn't turn up.

ItsOnlyWordsInnit · 02/02/2022 16:02

Are you a prosecution or defence witness? I just did a quick google and prosecution witnesses at least can claim expenses, including lost income, travel and childcare. You have to apply for it too. Can't link as on phone but it's on the gov.uk website.

liveforsummer · 02/02/2022 16:02

If this is really the dies you r heard and the letter isn't signed for just say you didn't get it today if they ask 🤷🏼‍♀️

ItsOnlyWordsInnit · 02/02/2022 16:03

The title of the page is 'Going to court to give evidence as a victim or witness'.

liveforsummer · 02/02/2022 16:03

*really is the first you've heard

JauntyJinty · 02/02/2022 16:32

How any times have we all opened a wedding thread and read "it's an invite, not a summons"

Well this time the opposite is true

Original poster
GettingThemFromHereToThere · 02/02/2022 16:33

I gave a written statement last week. This is the first I've heard of the actual court.

It's for the defense.

Eugh, looks like I'm going to have to attend doesn't it.

OP posts:
Crunchymum · 02/02/2022 16:35

I was just going to say "this isn't an invitation, it's summons" but I see someone already beat me to it.

You really don't have much choice.

Original poster
GettingThemFromHereToThere · 02/02/2022 16:37

Bunch of idiots have a fight and I lose a day of work and my kids a day of school 🙄

OP posts:
Puffflashpuffflashbang · 02/02/2022 16:39

Can your partner not use public transport to take the kids to school for one day??

VioletOcean · 02/02/2022 16:43

It’s ok. I was a witness I was asked if I wanted a screen as it was a DV case and I said yes. You get to read your statement before you are escorted to the court. They take you through every aspect of what you will be doing at any given point

Daenerys77 · 02/02/2022 16:43

You do have to attend. Being summonsed to court trumps work, however busy. Your employers will have to manage without you, just as they would if you were ill or self isolating. And the summons will state a time for you to attend-probably not before 0930, so your children will be at school by then.

WonderfulYou · 02/02/2022 16:44

Can you not take public transport so your partner can still go to work/take the kids to school.

Or he can drop you off/pick you up earlier than you need to be there.

Easterbunnyiswindowshopping · 02/02/2022 16:45

If you /your dc needed a witness would you hope someone would lose a day for you /them?

Original poster
GettingThemFromHereToThere · 02/02/2022 16:50

@Easterbunnyiswindowshopping

If you /your dc needed a witness would you hope someone would lose a day for you /them?
Yes - but this wasn't like that. It was two grown men having a slagging match about something pathetic, resulting in one hitting the other once.

Honestly, they were both as bad as each other.

OP posts:
Original poster
GettingThemFromHereToThere · 02/02/2022 16:54

@Daenerys77

You do have to attend. Being summonsed to court trumps work, however busy. Your employers will have to manage without you, just as they would if you were ill or self isolating. And the summons will state a time for you to attend-probably not before 0930, so your children will be at school by then.
Yeah, they've given a time after school starts. It's the pick up I may not be able to do. It depends how long I'll be there, which they haven't indicated.

No public transport options and partner doesn't have a car as I'll have it. If I had more notice I'd have been able to ask around but it's a bit late in the day (will still do best to organise obviously, just annoyed it's so last minute I guess)

OP posts:
madnessitellyou · 02/02/2022 16:58

Is there an after school club? The one at dd's school can accommodate ad hoc bookings for this type of scenario. Could their friends' parents help?

ChimChimeny · 02/02/2022 17:05

If I had more notice I'd have been able to ask around but it's a bit late in the day (will still do best to organise obviously, just annoyed it's so last minute I guess)

I can see why you are annoyed. If one of DD's friend's parents asked for a last minute pickup/play date of do it definitely so hopefully you can find someone to help

gogohm · 02/02/2022 17:10

They must give you notice of the intention that you will be required (not specific day) with adequate notice, I'm not convinced evidence given last week can be processed in time - are you sure it's criminal court, could it be a civil claim which has different rules

DressingPafe · 02/02/2022 17:12

Is it Magistrates Court? If so you can speak to them re picking up the DC and they can shuffle the cases around so you can go on in plenty of time. If it's not already listed as an early case. Magistrates Court isn't too bad with things like that. Crown Court would be different.

WonderfulYou · 02/02/2022 17:25

I probably would not be able to make arrangements in under 24 hours so I think it’s really annoying they’ve not given you much notice.