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Original poster

I've been called as a witness but I don't want to go

39 replies

horsehound · 05/07/2014 11:07

A couple of months ago I reported an incident to the police. A man was at a neighbours house with a sledgehammer, threatening to kill them etc. I called the police because I was worried for people's safety, there were a lot of elderly people having to walk past to get home from the shop.

The police arrived and arrested the man. I gave a statement but was told I would probably hear nothing more. Today I received a notice to attend court.
I was the only person to ring the police and I'm fairly certain I'm the main witness.
I live in a rough area, can't wait to move but we are stuck here. I don't want to go to court and give evidence. Not least because I am worried about the repercussions.
Apart from that the court is miles away, I have 3 kids with varying special needs (although they are all school age), and they've given me dates over a 10 day period where I will be expected to drop everything with less than 24 hours notice. I also have a job to consider.

I really don't want to do this. The police officer who took my statement said if I didn't want to attend as a witness that I didn't need to but the letter I've received today doesn't read that way.

How do I go about this? Do I withdraw my statement or contact the person who sent the letter and tell them I won't be attending?

Thanks for reading, any advice greatly appreciated.

OP posts:
SDTGisAnEvilWolefGenius · 05/07/2014 11:59

I have asked ds1, who is reading Law, and he says as far as he is aware, you do have to go, if you have been summonsed.

You could ring the Court on Monday to discuss your worries and practical problems.

Sorry - that is not what you want to hear.

Original poster
horsehound · 05/07/2014 12:13

thanks for your reply SDTG - will ring the court and see what they say.

OP posts:
Redglitter · 06/07/2014 08:28

Unfortunately you don't have a choice. If you've been cited you must attend. You can't just say you're not going.

jamtoast12 · 06/07/2014 08:33

Dh was a signed recently and also didn't want to go. Sadly you have to and it's illegal not to.

jamtoast12 · 06/07/2014 08:34

What you say when you get there is up to you of course.

EmmaGellerGreen · 06/07/2014 08:38

Of course it s up to you what you say, but lying under oath is an offence, perjury. Please ask to be put in touch with witness support.

sanfairyanne · 06/07/2014 08:38

well if she lies she will get done for perjury Shock

why would you not want to help get a maniac who threatens people with sledgehammers put away? next time it could be you, and everyone else walking away from the case against your attacker

GertieFinkle · 06/07/2014 08:40

If you contact the court they could give you the number of witness support. They might be able to help you.

The main evidence will probably come from the victims but yours will be important too.

FWIW I understand all your reasons why you don't want to go but I think giving evidence which might secure a conviction against that violent man is the right thing to do.

GretchenWiener · 06/07/2014 08:41

They'll just issue a warrant. This is unlikely as you'd be a hostile witness. Ring the no on the letter and tell them

Pantone363 · 06/07/2014 08:43

I think you'll have to go now.

Although I understand why you don't want to

jamtoast12 · 06/07/2014 08:48

I totally understand why she doesn't want to. If this man gets off free or gets a minimal sentence he may know where she lives or will suspect so, his family etc can make her life very difficult. He'll likely see her at court so it won't be difficult to find her. If it's a big estate etc his family on court may even recognize her if he lives locally.

With kids, the moral obligation is a difficult one.

plinkyplonker · 06/07/2014 08:55

I totally understand why she doesn't want to go as was once in a sort of similar position myself.

Is it going to be at the magistrates? I've been a witness at both magistrates and crown court. The magistrate ones were all minor assault offences and i only had to give evidence once as all the other times the defendants changed their plea to guilty to the last second - not uncommon apparently when they hear the witnesses have arrived to give evidence. Crown court ones have all gone to trial and I had to give evidence. Do speak to the police if you fear there may be repercussions.

Applejuice70 · 06/07/2014 09:05

You can request that you sit behind a screen talk to witness support.

Redglitter · 06/07/2014 09:07

Oh and ask that your address isn't read out. Have them put you c/o the police office or something

GretchenWiener · 06/07/2014 09:08

the screen thing has to be done as a legal application so do contact the CPS FAST if you want that

Ledkr · 06/07/2014 09:26

I also understand why she is scared to go, people getting on their moral high ground about securing a conviction don't have to risk their own safety, easy to say when it's not you who will be scared.

Original poster
horsehound · 06/07/2014 09:50

thanks for all your replies, gretchenwiener I didn't know that, thanks for letting me know.

redglitter will ask about the address not being read out, that really worries me too.
sanfairyanne without putting all the background info, the people being threatened at the time were all arrested too, they are not a nice family and are involved in all sorts of illegal activities themselves, I doubt this will be the last time they will be threatened.

I will speak to the police tomorrow. It would be so much easier if I could have spoken with someone as soon as I received the letter, typical to get it in the post at the weekend :(

OP posts:
babybarrister · 06/07/2014 19:37

This reply has been deleted

Message withdrawn at poster's request.

GretchenWiener · 06/07/2014 20:31

You can't really just get screens on the day. If will delay matters and might be refused.

Original poster
horsehound · 06/07/2014 23:13

thanks for everyone's replies, I'm ringing tomorrow to speak to them. Will they be able to give me more details of the case? As people have said, I don't want to be in a situation where this man walks out of court and I spend every day thereafter worrying about my family's safety. I know there is a witness support sevice and so on but I also know that there are only 2 police patrol cars in the entire county in the evenings, and there are no police on the ground locally here. I'm not filled with confidence that I would be well protected, should this man or his family turn up here.

OP posts:
TestingTestingWonTooFree · 07/07/2014 07:00

Screens/video links etc are known as "special measures". In order to grant them, the court needs to be satisfied that the quality of your evidence will suffer without them. Please bear in mind that lots of people will plead guilty on the day of trial if the witnesses turn up.

Original poster
horsehound · 07/07/2014 11:48

thanks testing I've left a message with the person who sent me a letter this morning. Waiting to hear back, hopefully I will get a call back today.

OP posts:
AmateurDad · 07/07/2014 20:08

Not sure how useful replies from lay people are.
As a witness you are absolutely entitled to help, advice and support. The officer in charge of the investigation should have told you what would and could happen long ago. You should also have been told of the court date as soon as it was set.

Don't write to the court as it is nothing to do with them at the moment. Speak to the witness care unit who sent you the letter. Say you want to speak to the officer in charge of the investigation. Tell him or her of your concerns and if he or she does not mention them, ask him or her to explain "special measures" to you.

If appropriate, an application can be made at any time before you give your evidence.

If the officer does not contact you as requested, complain to a senior officer.

Remember you are not on trial and the police and CPS are absolutely obliged to look after you.

Nicknacky · 07/07/2014 21:11

Certainly in my force all queries like this will be referred to Pf and the court. The reporting officer wouldn't be able to organise it but would direct them to the departments that could. Obviously some forces will differ. A RO in our force doesn't even find out a trial date necessarily prior to a witness.

Why on earth are you suggesting complaining at this stage?

And I'm interested to know if you are also a "lay person"?

GretchenWiener · 07/07/2014 21:15

Who's the lay person amateurdad ?