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Original poster

AIBU to let the police arrest me instead of going to court

119 replies

Arren12 · 17/11/2021 17:36

Hi all,

I witnessed a crime take place last year. Someone was injured. That's as much detail as il give.
I was just in the place at the time minding my own business but did see the aftermath and a bit of the actual crime. I was very shaken up at the time so cannot recall exactly what happened as it was fast and scary.

The police took my details. I then felt pressured by the police to give a statement. I told the police at the time I was scared to give one and that id rather not but they asked me to do the right thing so I did.

It has now gone to court and I have been summoned to give evidence face to face. I have contacted cps to inform them that I'm scared to give evidence and that I really feel that my anxiety will prevent me from giving a correct account.

Witness support have offered me no support with this despite me contacting them.

The thing is the perp of the crime knows who I am and it will be obvious its me giving the evidence even if I went behind a curtain because I was literally the only one there. Its not even that the perp will retaliate, though that is a possibility I suppose, its that I see this person I have no choice but to face them regularly, I'm not new to court as I do go through work but I am just so anxious about all this process and saying the wrong thing and the judge grilling me etc..

I feel sick with this. I have explained I also need to be there for my disabled child at the time of the case but they say they will wait for me as its important. They keep basically saying tough you have to turn up.

I haven't slept for ages because of this im so worried. I do have mental health issues and have had breakdowns in the past but I have been well for the last few months and this is sending me over the edge.

I'm honestly thinking of not turning up.

How likely is it that il get arrested?

OP posts:
MurielSpriggs · 17/11/2021 18:10

This is really a legal question, not an AIBU.

Original poster
Arren12 · 17/11/2021 18:12

Il ask it yo be moved. How do 8 do that. Can you report it or something

OP posts:
scarpa · 17/11/2021 18:12

Oh OP, this is shit for you.

Obviously you can be arrested for contempt of court, but in your case you could perhaps argue that you aren't competent given your anxiety about it - I'm not sure of the bar set for demonstrating competence, though.

Is the defendant likely to get a custodial sentence? It sounds like they're not from the way you describe it (having to see them, etc).

I completely understand your fears and I think I'd feel the same in your shoes, but ultimately you're a compellable witness unless you can prove lack of competence, and you don't want a charge of contempt of court on your record (especially if your job involves going to court and therefore maybe there might be an issue with a criminal record) - and you're not doing anything wrong by being a witness, if they didn't want testifying against they shouldn't have committed the crime in the first place.

Have CPS replied? If you've got time, I'd keep calling CPS and Witness Support and ask what they're going to do to support you - you aren't the first witness who doesn't want to go to court and is struggling, and there should be something in place to make it easier for you. There should be a witness care officer who can help with things like childcare, too.

WeAreTheHeroes · 17/11/2021 18:13

Do you know which judge the case is assigned to? If so you could write to the judge.

scarpa · 17/11/2021 18:14

There's a section on this page about witnesses being scared to give evidence that might be useful to you: www.inbrief.co.uk/court-proceedings/witness-at-criminal-trials/

MurielSpriggs · 17/11/2021 18:16

@Arren12

Il ask it yo be moved. How do 8 do that. Can you report it or something
Yes, you can report it yourself, you'll get better informed answers on the legal board.

(AIBU - tends to generate a lot of answers of what non-lawyers imagine the law should be!)

Aqua55 · 17/11/2021 18:17

Just ignore the summons. It's not like they know who you are or where you live, and being in contempt of court would just be a slap on the wrist anyway.

Theunamedcat · 17/11/2021 18:19

@Aqua55

Just ignore the summons. It's not like they know who you are or where you live, and being in contempt of court would just be a slap on the wrist anyway.
Won't it be delivered to the address where they live?
Muchtoomuchtodo · 17/11/2021 18:24

Being in contempt of court can result in a lot more than a slap on the wrist!

FreedomFaith · 17/11/2021 18:25

Honestly, I think you should go. Would you rather this person got away with committing a crime and then do it again to someone else? Could end up being someone you love or know. I know it's stressful, you know it is you go to court regularly, but this is necessary to get the conviction. You know its needed and I get you are scared, but it's the right thing to do. It will be over before you know it and you'll feel better for having done it. Not going and seeing the person walk away free will probably leave you feeling guilty forever.

HaroldSteptoesHorse · 17/11/2021 18:27

You can request to give evidence behind a curtain. I did when I was giving evidence

LadyCatStark · 17/11/2021 18:30

This happened to DH years ago. The police even came knocking on our door a few weeks before the trial, which was a bit scary. They were quite intimidating with their threats if he didn’t turn up to court, even though he never said he wasn’t going to. At the last minute, the man who had been arrested plead guilty and he didn’t have to go, so you could always hope for that.

Robloxdiamonds · 17/11/2021 18:32

Just go to court. The defendant will probably plea guilty on the day because it reduces their sentence.

Robloxdiamonds · 17/11/2021 18:35

@Aqua55

Just ignore the summons. It's not like they know who you are or where you live, and being in contempt of court would just be a slap on the wrist anyway.
They send a police officer round to physically serve it on you. If OP has had the summons, they know where they live.
justasking111 · 17/11/2021 18:36

Sons friend was a witness was scared to give evidence, on the day he boarded a train back to university, the train was stopped, police boarded removed him from the train and drove him to the court. This was an assault case where the victim was hospitalised with a badly broken jaw

RampantIvy · 17/11/2021 18:42

How would you feel if you were the mother of the victim, and the key witness refused to give evidence?

NotTheMrMenAgain · 17/11/2021 18:43

I used to work within the Court system. It's likely - if your evidence is important to the case - that the Judge will issue a warrant, and the police will physically find you and take you to Court.

Being in contempt of Court is not a 'slap on the wrist'. I've seen people who refused to attend Court/give evidence be immediately sent down to the cells for a spell in custody - they usually changed their minds within a few days.

Talia99 · 17/11/2021 18:43

Worst case scenario of you ignoring the summons is you being arrested and brought to court. They do know who you are and where you live - the summons has your name and address on it.

If your anxiety is so bad that you really can’t attend, the court will need a letter from a doctor saying that - you can’t just ring up and say that yourself.

I agree with the people who say you should keep pushing witness care.

Also, the courts are in a mess at the moment - they have a massive backlog due to COVID and there are 3 or 4 trials listed in each court in the hope all but one defendant pleads guilty. It may well be that the trial doesn’t go ahead but legally you do need to turn up.

Iooselipssinkships · 17/11/2021 18:48

I went through something similar after witnessing a violent crime and the defendant lived a couple of streets away. I was told by police if I didn't attend I would be prosecuted. I went to court and he was found guilty but fortunately there were no repercussions! I understand how you're feeling OP, I was exactly the same.

Prettybubblesintheair · 17/11/2021 18:48

Honestly I think you’re going to just have to suck it up and go. Yes it will be difficult but you’re not on trial here, you’re a witness. You’re not going to be “grilled”. Just give an honest account, if you can’t remember a detail just say so. And as for seeing the perp after, if anyone should be worried or embarrassed it’s them.

Yes, it’s going to be a challenging day but ultimately you need to do the right thing.

PurpleNebula84 · 17/11/2021 18:49

Contact witness care and the officer in the case and tell them you wish to retract your evidence. Maybe even take a trip to the magistrates where it is due to be heard and speak to one of the Clerk's. They might be able to get you in with a magistrate to voice your concerns.
The other option is turn up, swear your affirmation but don't answer anything - they might be able to make you go, but they can't make you speak - ideally they should be able to sort it out before it comes to that.

Sn0tnose · 17/11/2021 18:49

@Aqua55

Just ignore the summons. It's not like they know who you are or where you live, and being in contempt of court would just be a slap on the wrist anyway.
I think some people might miss the sarcasm here and think that you’re being serious.
authenticforgery · 17/11/2021 18:53

Would spending time in a cell be good for your child? Surely it's best to just crack on and get it over and done with. Also, why should someone potentially get away with a crime because you don't want to give evidence? Imagine if you or your child needed someone to give evidence.

EvilPea · 17/11/2021 18:54

I had similar. It suddenly became very real knowing he knew where I lived and knowing what he’s capable of.

On the day I went in, they asked me if I wanted to see the court first, I asked for a screen. They showed me where I would be, where he would be. They were so nice.
Just me turning up changed his plea and I didn’t have to stand.

I can’t tell you what to do, but not turning up is not the answer. It will bite you on the arse.

AFS1 · 17/11/2021 18:54

You cannot just not turn up.
You cannot turn up and give no response to questions. You can be compelled to answer the questions or you will be in contempt of court.

You need witness support and I’m angry on your behalf that you have not been provided with any pastoral support around this. Keep pressing for it, but you need to attend and give evidence.