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

[Arren12]

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?

Would you want someone do to right by you op?

Go to your doctors and ask him to write you a note saying that you are not mentally fit to give evidence.

OP I would face it regardless of how you feel. It’s a legal requirement and important, and not one anyone else can do. I am sorry it is stressful though .

To all the people saying do the right thing and what if it was your mum etc well what if the perp retaliate and harms me or my family will it be worth it then. Id rather spend a few days in the cells than risk that to be honest.

@Arren12

To all the people saying do the right thing and what if it was your mum etc well what if the perp retaliate and harms me or my family will it be worth it then. Id rather spend a few days in the cells than risk that to be honest.

This is just your anxiety talking, as you openly said at the start that was not actually your fear. I’m sorry and I really don’t want to be rude but you do need to just pull yourself together in this situation and just go. It would be incredibly selfish to fail a victim like this. People who do what you are thinking can (and do) end up in serious legal trouble, and quite rightly because the behaviour is just low.

It won’t be even 10% as bad as you imagine. The likelihood is that you turning up will make him plead guilty.

@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.

Of course they know where she lives. She will have given her details when she gave the statement.

I’ve lots of experience of reluctant witnesses and there is definitely a likelihood that you will be arrested OP. I’ve seen it happen before.

I understand you’re nervous and worried but you should do the decent thing and go and give evidence. I’m sure if someone battered you, you’d really appreciate any witnesses stepping up.

Me and my dh gave evidence in a murder trial.
Wouldn't have occurred to me to argue about it.

@Pumpkinsonparade yes because the murderer was obviously going to serve a prison sentence and you didn't have to see them regularly. This person is unlikely to get a custodial sentence and I will have to face them after

1. People can answer what they want regardless of the topic. You will know that legal bods done just read the legal topic.

1. I think trying to imply your anxiety will stop giving a correct account is a bit suspect. I'm sure you could write it all down now, at home, while you aren't anxious, and then read it a lot so it is more entrenched in your brain.

1. Your statement has been given.

1. Push for support.

Could you speak to your GP about getting a medical exemption from giving evidence in person? You ought to be able to give a statement or do it by video if you have a medical exemption.

He had family. ..
They weren't going down with him

.

I don't think you have any option but to turn up. How well your memory serves you stood in the box of course is another matter!

@Pumpkinsonparade and you had to see these people at least weekly? After you had given evidence against them. Knowing they were violent?

OP what about the victim who was injured?
You said you were the only witness… from that I would suggest you’re the victim’s best hope for justice.

You’re scared and that is making you selfish. Contempt of court is a criminal offence. And not helping the victim makes you immoral as well.

YABVU

I’m sorry but people who break the law to help criminals are just as bad as the criminals. You’re being asked to do the bare minimum as a citizen, just do it. You’re clearing just making up these fears of violence (which you admit in your first post are not even the actual issue!!) as post facto justification because you know your behaviour is indefensible.

I got cited as a witness to something but the defendant pleaded guilty at the pre-hearing so didn't have to attend. I was told by the other witness, who was in the police, that quite a lot of the time legal aid lawyers string it out to make their money and then get then to plead before the trial usually resulting in a more lenient sentence.

How would you feel if someone hurt your child, and the person who witnessed it refused to testify?

I was in a similar position many years ago OP, didn't sleep well for weeks and got very stressed about it all. As i arrived at court i was taken to one side by the barrister and told i was going to be treated as a hostile witness and wouldn't need to give evidence. He thanked me for turning up, and because i did turn up the offender changed their plea to guilty.
Good luck with what ever you decide to do.

wow I didnt know this was even a thing! How come they can prosecute you as a witness but cant get domestic violence through. If you are the victim are you somehow exempt from giving evidence but a random bystander can be prosecuted?!

People saying I'm selfish are missing the point that I have to see this person regularly even after and the courts don't give a crap about that. Yes the victim deserves justice of course but I have to live with this worry and anxiety and can't escape that when I'm seeing this person again and again for probably years.

The thing is, if they did hurt you or your gamily wouldnt you wsnt someone to speak up.

You arent wrong for telling the truth. They are wrong for the crime.

If you believe in karma just think about that and do what you would want someone to do for you or your kids.

Why do you have to see this violent person at least weekly? That doesn't sound right. You can choose not to see them. I suspect if you go to court you will find it far less frightening than the idea of it. It is really not worth risking getting arrested and taken to court.

Sounds very difficult OP. I don’t know what you can do but you have my sympathy

I lived in his street. His family knew that.
The point is in our civilised society the law needs upholding. We all have a responsibility towards that.