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Original poster

Not giving evidence

19 replies

Iamreallyunsure · 05/12/2019 14:19

I have name changed for this and it actually is for a friend so...

A friend has a pending domestic violence case. It is likely to go to crown court.

She doesn't wish to give evidence as she has provided texts etc sent by the partner. Prosecutors are pushing her to give evidence but have said they can go ahead without her.

Neither of us has any legal experience but I would think messages even if they are considered documents in the court would not be worth much without her testimony.

She hasn't really got anybody advising her other than the prosecutor as she can't afford legal advice.

OP posts:
RumpoleoftheBaileys · 05/12/2019 14:22

If she doesn't attend, they can summons her and if it came to it, issue a warrant for her arrest.

And you are right, the case is inevitably weaker without her.

Original poster
Iamreallyunsure · 05/12/2019 14:34

I think she is banking on the fact that they wouldn't arrest her as it's very much a her versus him case and she wouldn't really meet the criteria of vulnerability other than as a victim of DV.

I do think she is over reliant on the idea that she has documented evidence.

Another friend has said the text etc would carry more weight in the magistrates but not as much in the crown?

OP posts:
Original poster
Iamreallyunsure · 05/12/2019 19:30

Any advice from anyone who didn't give evidence? Did you get a conviction.

OP posts:
snowybaubles · 05/12/2019 19:37

I know of a case where this happened. The person who was supposed to give evidence didn't turn up because she didn't want to do it. Case was adjourned and the day before they went to court again she was taken into police custody and they took her to court the next day. She stood on the witness box and said she wanted nothing to do with it, she had moved on and she 'couldn't remember' what he did to her.

Don't bank on her not being arrested, it happens. In this situation the case got thrown out because they didn't have enough without her giving evidence, but she was detained all the same.

Original poster
Iamreallyunsure · 05/12/2019 19:49

Thanks, it's interesting that they were prepared to go as far as that.

OP posts:
PerryMasonsFriend · 06/12/2019 13:13

She should talk to the CPS about protection measures for herself. She should discuss with them why she doesn't want to give evidence so they can discuss with her the options. If for example she doesn't want to see the Defendant, she maybe able to give evidence from behind a screen.

As previous people have said, there are powers to compel people to attend court. Whether that is done depends on many things that she won't have control over including things like how much public money has been spent on the case to date, how far it has got, whether the case can realistically be brought without her, whether there are other witnesses and so on.

Original poster
Iamreallyunsure · 06/12/2019 13:26

The reason she doesn't want to give evidence is that they have reconciled. She can't tell this to the CPS because this is breaking his bail conditions.

OP posts:
TooMuchBloodyChoice · 06/12/2019 13:31

She’s a bloody idiot, but ideally she needs to liaise with the CPS. If she has now changed her mind she can do a retraction statement with an independent solicitor (not the one representing her other half). This would effectively end the case as the CPS wouldn’t rely on her evidence.

If it’s at crown court I take it she sustained quite serious injuries? She does realise he’s likely to do it again doesn’t she

TwattingDog · 06/12/2019 13:43

She can ask to make a retraction statement.

She's a fool though, for getting back with him. Is she really happy? Or is she being conned by an abuser again?

snowybaubles · 06/12/2019 13:45

The reason she doesn't want to give evidence is that they have reconciled. She can't tell this to the CPS because this is breaking his bail conditions.

Oh god that's awful.

Quartz2208 · 06/12/2019 13:46

If they havev reconciled he should be thinking about pleading guilty surely?

Anyway your real concern should be that she is back with someone who did that too her. And I cant work out if you want a conviction

But yes it could be very bad for her if she doesnt

cupoftea84 · 06/12/2019 13:50

Is he back with her to make sure she doesn't give evidence? He may be just using her.

She's taking a huge risk with her life.

The messages aren't admissible without her account so they vent just use them.

PerryMasonsFriend · 06/12/2019 13:50

The reason she doesn't want to give evidence is that they have reconciled

This is a major change to the factual background and of course she needs to tell the CPS.

Does she really think this hasn't happened before and it's new to them?

History is littered with DV cases where there are civil injunctions, bail conditions, criminal convictions, and the victims goes back to the perpetrator only for it to happen all over again.

There is some horrible statistic that I forget but something like on average it takes the victim of an abusive relationship [3] or [6] attempts to leave before they finally get out and don't go back.

Original poster
Iamreallyunsure · 06/12/2019 13:55

The messages aren't admissible without her account so they vent just use them.

CPS are saying they can.

As far as I know they were no injuries.

I think I probably don't know the whole story. I am not sure either of them are telling the whole truth. They both drink to excess.

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cupoftea84 · 06/12/2019 13:57

You're clearly not been told the whole truth. It wouldn't be in the crown court without ABH injuries at the very least.

Quartz2208 · 06/12/2019 14:06

yep you dont know half of it

Bunnyfuller · 06/12/2019 14:07

Police statistic: average 36 instances of DV before police are called. Victim is often bullied by the perp to withdraw their statement. What are his bail conditions? How have they reconciled?

Sadly this happens with a LOT of DA jobs. Is it at Crown Court? CPS will have needed a lot more than phone messages to authorise charge and take it to trial. They could potentially use her refusal to stand as more evidence against him.

Coercive control is a thing, and can be prosecuted.

Original poster
Iamreallyunsure · 06/12/2019 14:21

She went to him and instigated the reconciliation.

I have an uneasy feeling that not everything she said in her statement is true and therefore she doesn't want to testify.

Obviously there must be something in the messages. And possibly a whole lot that I am not aware of.

OP posts:
snowybaubles · 06/12/2019 15:50

She went to him and instigated the reconciliation.

That doesn't eliminate abuse.

Ihave an uneasy feeling that not everything she said in her statement is true and therefore she doesn't want to testify.

Really? You don't believe her Sad

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