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Can my daughter be forced to attend court as a witness?

7 replies

DooHickey1010 · 07/10/2019 15:15

Local council want to prosecute a rogue landlord and have asked daughter to appear in court to give evidence as she was a previous tenant.

She now lives abroad (in Amsterdam) and is going to struggle to get time off work and to cover travel and accommodation costs to attend the hearing.

They have said she must attend, no exceptions, but can they do this?

OP posts:
cdtaylornats · 07/10/2019 16:52

As far as I know only a court can issue a witness summons. She should phone them and say she cannot appear and if summoned she will stand mute.

Extradition proceedings seem unlikely.

Finfintytint · 07/10/2019 16:57

She may be able to reclaim some expenses.

AnchorDownDeepBreath · 07/10/2019 16:59

Has she been summoned?

AdoreTheBeach · 07/10/2019 17:28

Your daughter can claim some expenses
www.gov.uk/going-to-court-victim-witness/expenses-for-going-to-court

She may also be able to ask if she can give evidence by video link I think.

In any event, best to check before committing to be a witness

DooHickey1010 · 07/10/2019 17:48

Thank you, have looked at the costs that can be claimed. Doesn't look like they will cover absolutely everything but we will check as she is no financial position to cover anything herself.

No summons issued yet - when it arrives (is it by post or email?), then what happens next? Can she appeal or reject the summons - no idea how it works x

OP posts:
StereophonicallyChallenged · 07/10/2019 17:51

Is it a criminal prosecution? If so there might be someone assigned as witness liaison who can answer all her questions.
My dc was due to be a witness in criminal proceedings so not sure if it was because they were a minor, but definitely worth asking OP.

prh47bridge · 07/10/2019 19:56

There is no appeal against a witness summons nor can she reject it. If she does, the next step could be a warrant for her arrest.

if summoned she will stand mute.

A witness who takes this approach in a criminal prosecution can face imprisonment for up to one month or a fine of up to £2,500.

DooHickey1010 - As she is living abroad she may be able to give evidence via video link or through a written statement.

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