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Legal matters

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Plea hearing?

13 replies

Completebollocks · 31/10/2018 21:15

Anyone out there been to a plea hearing as a witness?

What happens at plea hearing?
How long do they take?
Why would I be asked to leave if it is “not guilty?”
Why do they not want me to go? They “advise against” it but don’t seem to have a solid reason?
What else is talked about apart from whether they are guilty?

Court is a long way away so I need to make an informed decision. I can’t go to the sentencing hearing due to the fact there will be press interest so this is my last chance really if he pleads guilty.

Thank you

OP posts:
HeronLanyon · 31/10/2018 21:30

Is This a Plea and case management hearing in the Crown Court ? Are you a prisecution witness ? If so it is pretty
Much unheard of for a witness to attend this hearing. If it is a NG plea then the court proceeds to make arrangements to ready the case for trial and you should not be present for that. Things which may be discussed may be sensitive evidential rulings (whether various things about which you as a witness should know nothing at all, are admissible at trial) court arrangements for listing etc etc.

If he pleads guilty depending on what the charge is it will likely be adjourned for a sentence report. Some cases can proceed straight to sentence but rare particularly in the Crown Court.

Sorry if I have the wrong end of the stick here.

HeronLanyon · 31/10/2018 21:33

They can take from 1 minute (just the plea - if court is not ready to deal with management issues) to several hours. All depends on complexity of case. Most standard cases usually no more than 15 mins. Much of it is done by counsel via a form. Only gets time consuming if unexpected issue crops up or judge is unhappy with something.

Completebollocks · 01/11/2018 01:44

Yes, I’m a witness for the prosecution and it is the crown court.
Why is it unheard of?

It’s so frustrating. I need some kind of closure and I wanted to see the words “guilty” from his mouth. I know of a few people who have gone to this hearing but they have not been witnesses. I just don’t understand why it is discouraged for witnesses? Apart from the fact we could be asked to leave after a very short time? Sorry, if you are able to answer why it is so frowned upon it would really help Smile

OP posts:
HeronLanyon · 01/11/2018 05:42

It’s not really ‘frowned on’. It’s an administrative hearing which isn’t designed for witnesses to attend.

I understand completely that you want/need some closure and that if you can’t attend the sentence (if there is a guilty plea) then this might be the best way of achieving this.

Follow the Cps advice on this. It sounds from ‘they do not want me to go’ as if you have had advice. Can you ask them to set out why ? Has ‘witness support’ been in touch with you? They may help on this and if you do attend can provide support at court (eg if defendant is on bail you can enter by different door etc). Much of this support is only routinely in place for witnesses attending to give evidence at trial though as it is unusual for witnesses to attend other hearings. Can you talk to the officer in the case to understand ?

If there would be media presence at sentence (if guilty plea) then there may very well be media interest at the plea hearing. That is common. This could be behind advice.

Other than that please if you attend follow advice meticulously and do not stay beyond the plea. If it is not guilty plea and you are in court for management issues you could very easily jeopardise the trial if you were to be in court and hear evidential argument and arrangements. That alone would be the main reason for me understaning the advice you ave had. Defendants sometimes plead ng at these hearings for various reasons and then change their plea later. If you were present for management issues that could endanger your evidence and the prospects of a conviction.

Again I’m sorry you are going through this. Do contact witness support at the court involved. they are stretched but can provide great advice and support at court.

Good luck and I hope no matter what happens you start to achieve closure.

Completebollocks · 01/11/2018 07:28

Thank you, this is so helpful. Witness protection advised me saying they “never advise” witnesses attend. They have also not responded to the question “what time is it”! I’m having to communicate by email too which makes it harder. Will make a concerted effort to find somewhere private to phone them.

I’m so angry. Witness protection have only been involved for a month. It dates back a very long time. we have chased the police for updates, things that personally affect us. It’s torn my family apart.

Media interest- how can we make sure we are not photographed? Turn up early? Wear a disguise? Are they even allowed to publish witness photos?

I do see more now why they don’t want us there. It will be a pain for them to manage. I suffer anxiety so this is a big deal but I’m so bloody angry and I still have a need to go. Thank you so much for responding!

OP posts:
HeronLanyon · 01/11/2018 07:49

No problem. The main reason is not that it will be a pain. The main reason is your presence could jeopardise the case against the defendant. I think it important that you understand this. I do predominantly defence work, have conducted 100s of these hearings. Have never been aware of a witness attending this particular hearing and would be very alert to the situation on behalf of my client. As well as ensuring they left court after the plea. Good luck.

greendale17 · 01/11/2018 07:57

The main reason is not that it will be a pain. The main reason is your presence could jeopardise the case against the defendant.

^This. Listen to the advice the police are giving you

Completebollocks · 01/11/2018 08:30

Thank you both, I appreciate the advice. It has made me irrationally angry though so I am going to accept I cannot go and leave the thread there. Thank you so much for being honest, even if it is very much what I do not want to hear!

OP posts:
NC4Now · 01/11/2018 08:43

In terms of media interest, I can help you with that. I’m a Crown Court reporter among other things.

It’s only really the national press who photograph witnesses. The locals tend to just try and get the defendant. There are less court photographers in general now.

Whether they would use it depends on the type of case it is. The victim in any kind of sexual offence has automatic anonymity so they couldn’t use anything which would identify them.

Without knowing about the case it’s hard to say but if you are the victim, you may be asked if you want to speak to the media. Some people like to and find it helps to tell their story publicly, but it is perfectly acceptable to say no, and that should be it. There is IPSO guidance relating to relatives of criminals and victims of crime.

Feel free to DM me, if you want more specific info.

NC4Now · 01/11/2018 08:44

You may be able to go to the sentencing?

prh47bridge · 01/11/2018 10:00

You may be able to go to the sentencing

Once the OP has given evidence she can attend the rest of the case, including sentencing. However, she cannot attend any of the case prior to giving evidence. If she did it would jeopardise the case as HeronLanyon says.

NC4Now · 01/11/2018 10:48

No, I know that, but her concern was about the media presence. Depending on the type of case and her involvement she may have some protection.

Completebollocks · 01/11/2018 14:41

Thank you. I am not the victim. My job is the kind of job where you don’t want your face and name splashed about and my employer has made that clear. It is the kind of case that the gutter press will love. I have researched similar cases and seen the photos published. I think will have to work through the feeling of having no closure. I don’t think sentencing will be a good idea in case the press are there. I may change my mind nearer the time.

I really appreciate all responses. Witness protection have been so bloody vague, I just wanted an honest, clear answer about why I shouldn’t go and you have provided me with that. Thank you

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