can I refuse to give evidence and go into the actual court room?
and if so what will happen to me?
As others have said, you have to attend if you have been summonsed.
If you have concerns about giving evidence, you need to speak to the CPS/prosecution about your concerns and explain why.
The court has power to grant special measures to help vulnerable or intimidated witnesses give evidence.
See here:
www.cps.gov.uk/legal-guidance/special-measures
These include (not all are relevant here):
<strong>screens</strong> (available for vulnerable and intimidated witnesses): screens may be made available to shield the witness from the defendant, (s23 YJCEA);
<strong>live link</strong> (available for vulnerable and intimidated witnesses): a live link enables the witness to give evidence during the trial from outside the court through a televised link to the courtroom. The witness may be accommodated either within the court building or in a suitable location outside the court, (s24 YJCEA);
<strong>evidence given in private</strong> (available for some vulnerable and intimidated witnesses): exclusion from the court of members of the public and the press (except for one named person to represent the press) in cases involving sexual offences or intimidation by someone other than the accused, (s25 YJCEA);
<strong>removal of wigs and gowns by judges and barristers</strong> (available for vulnerable and intimidated witnesses at the Crown Court), (s26 YJCEA);
<strong>video-recorded interview</strong> (available for vulnerable and intimidated witnesses): a video recorded interview with a vulnerable or intimidated witness before the trial may be admitted by the court as the witness's evidence-in-chief - for adult complainants in sexual offence trials in the Crown Court. A video recorded interview will be automatically admissible, upon application, unless this would not be in the interests of justice or would not maximise the quality of the complainant's evidence, (s27 YJCEA). (Section 103 of the Coroners and Justice Act 2009 relaxes the restrictions on a witness giving additional evidence in chief after the witness's video-recorded interview has been admitted);
<strong>examination of the witness through an intermediary</strong> (available for vulnerable witnesses): an intermediary may be appointed by the court to assist the witness to give their evidence at court. They can also provide communication assistance in the investigation stage - approval for admission of evidence so taken is then sought retrospectively. The intermediary is allowed to explain questions or answers so far as is necessary to enable them to be understood by the witness or the questioner but without changing the substance of the evidence, (s29 YJCEA);
<strong>aids to communication</strong> (available for vulnerable witnesses): aids to communication may be permitted to enable a witness to give best evidence whether through a communicator or interpreter, or through a communication aid or technique, provided that the communication can be independently verified and understood by the court, (s30 YJCEA).
The CPS also produce an advice for witnesses leaflet:
www.cps.gov.uk/sites/default/files/documents/publications/CPS-advice-for-witnesses-leaflet.pdf
As to what will happen if you refuse to go into the court room and give evidence, it's hard to say because it will depend on what your reasons are, the facts of the case and the attitude of the Judge and the prosecution.
Best outcome: CPS takes a view that it's not necessary and either deals with the case without you or uses your written evidence if that's possible or abandons the prosecution.
Worst outcome: Judge takes the view that you are required to come into court, orders you into court and if you still refuse holds you in contempt of court. You won't be manhandled in though if that's what you are worried about.
Remember though if you are a key witness in a crime, public money and time has been spent on it as well as solicitors and barristers working on the case for the prosecution to bring it to trial- and presumably the CPS have concluded there is a public interest in prosecuting. It's a serious matter by definition and this really shouldn't be something that you just treat lightly because you don't feel like it any more and have just changed your mind for private reasons of your own.
Speak to the Court staff /witness service when you get to Court or if you are really worried contact them in advance.