DS called as a witness in murder trial - what on earth should I do?

[neverthoughtinamillionyears]

Name changed for this, because of obvious sensitivities.

My DS (17) has been called as a witness in a murder trial. He is friends with a boy whose father has been accused of murder, along with another man, and he was at a party that the two accused men turned up at, after allegedly murdering someone and attempting to murder another person.

Obviously I'm worried. Never in a million years would I have imagined that my son or my family could ever be even remotely involved in a murder inquiry.

I have dozens of questions, but I don't even know where/who to ask. I wonder if there are any lawyers reading this who could help me get started?

Firstly, is there anyone I can ask the following questions of 'officially'? If so, who/how, and would asking these Qs be something I can get legal aid for? I'm pretty sure I shouldn't make decisions based just on informal MN advice, but I'm on a relatively low income and can't afford to pay for much legal advice.

As a witness, should DS himself have a lawyer?

I assume he is a witness for the prosecution because the letter is headed "Criminal Justice System" and "The Prosecution Team"... Am I right?

Is he allowed to say no, or is he legally required to give evidence? (He and I both actually think he should give evidence, but he is scared, and doesn't respond well to being backed into a corner, so it would be good to know if he has options).

Are there things we can ask for to protect him, and/or keep him anonymous? (E.g. giving evidence behind a screen/on video/voice distortion, etc.) There are major sensitivities here because the accused and some witnesses and many of their relatives know each other. I live in the same neighbourhood as the mother one of the accused men, and we know each other by sight. The two men have very very nasty reputations (even before the alleged murder), so I am worried for my son's safety, and for my own and my other child's (to a lesser extent) after release and/or especially if they are not convicted.

And (trivial detail but practically important) the letter says the trial could last 2 weeks, and he has to be available throughout. Does that mean we have to be actually present at the court for the whole two weeks? (I will need to arrange time off work and he will need to take time off college). Or will we be given a more specific time?

Last but not least (for now), the letter says there is a Victim Support witness service. Is this reliable/worth using/used to supporting young people rather than adults?

I'd be grateful for any well-informed advice, and I'd also be very pleased to hear from any other parent who has had experience of their child acting as witness.

Those are exactly my anxieties, Quite. :(

Someone well-informed has pointed out to me that my son's written statement will already have been made available to the defendants, and since they know his name, he has already lost his anonymity. A video link or screens would be to help stop him feel so intimidated - so he doesn't have to see them while he talks - which is going to be a problem for him too.

Thanks for sharing your experiences, Anne. I am worried that he won't be able to stay calm...

At the moment, my greatest hope is that when they have their pre-trial 'case management'/planning meeting, they'll decide they don't need to call him...

I have been a witness, and the best advice I can give is to tell your DS to take time to breathe before he answers. First, breathing is very important, and sometimes you forget when you are scared. Second, it gives you time to actually think about the question being asked, Third, it gives the other side time to object to the question, and fourth, it doesn't take nearly as long to breathe as you think it does, but it does clear your head.

Good advice! :)

Sorry my previous post was not very helpful. Thinking about the criminal case I observed it was the expert witnesses who were given a hard time by the barrristers rather than 'ordinary people' who got called because of some indirect involvement with defendant. I am sure the advice others have given about just being honest about not being able to remember if that is the case is sensible under the circumstances.

Thanks, Quite.