Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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:
Original poster
Arren12 · 17/11/2021 19:30

@Cloudyzebra I have no choice because I know this person and live near them and see them in a mutual place very regularly.

OP posts:
Nidan2Sandan · 17/11/2021 19:31

You'll be allowed to read your witness statement again before court so there will be no issue of anxiety stopping you remembering.

You will go down for contempt of court if you refuse. Just think about that for your child and your future! You can go to jail for contempt, I mean, what the hell are you even saying that you'd rather do that than give a witness account!! Imagine the trauma you'd cause your child.

Retaliation are really, really rare. Even so, even if it happened, that's what the Police are for.

Its terrifying being a witness, I have to do it for work a lot and being cross examined is no fun. But its just a very short part of the day, and once done you'll be glad you did.

Do the right thing OP, or you're no better than the criminals because you're actively helping them get off.

WeAllHaveWings · 17/11/2021 19:31

According to the gov site ignoring court summons or not answering the courts questions as a witness is contempt of court and "If you’re found to be in contempt of court, you could go to prison for up to 2 years, get a fine, or both."

Not sure how long that would be in reality, but I would be finding a way to get over feeling anxious about it. Can you ask your gp for something to calm you down on the day. Fear of retaliation is not an reasonable excuse to not attend.

Starryskiesinthesky · 17/11/2021 19:31

If you see the person weekly and they say or do anything you could report them to the police. You could get an order, there are lots of things that you could do, but, it may just be your anxiety talking and they do nothing. Regardless, it really is your duty to go to court.

HollowTalk · 17/11/2021 19:32

Is this person part of your family, OP?

AcrossthePond55 · 17/11/2021 19:33

@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.
I'm not in the UK, but where I live if you're found in contempt for refusing to testify you aren't in the cells 'for a few days'. You are there until you either comply and testify OR you go through a contempt trial yourself which can result in a custodial sentence.

You need to seek legal advice. Only a solicitor or barrister can tell you what might happen if you refuse to testify and/or any 'safeguards' that can be put in place to assist you in testifying.

Original poster
Arren12 · 17/11/2021 19:34

@HollowTalk no not part of my family.

OP posts:
Original poster
Arren12 · 17/11/2021 19:35

Well obviously I will have to go.

People on here have clearly never faced this or been scared and anxious etc

OP posts:
user1471453601 · 17/11/2021 19:38

My daughter didn't have to respond when she heard a girl screaming at 4:00 in the morning. She didn't have to race over the road when the rapist was still there, she didn't have to sit and comfort the girl after the rapist ran, she didn't have to give the police her name and address, she didn't have to give a statement about what she heard and seen, she didn't have to spend an hour on a Sunday talking through a photo fit of him.

And she did sure as hell doesn't want to give evidence at the trial.

But she did all this, and will give evidence, because it's the right thing to do.

You know that giving evidence is the right thing to do. If your recollections are hazy/confused,just say so. But do the right thing

UnaOfStormhold · 17/11/2021 19:38

Not a lawyer but I wonder if it might help to write to the court saying that you would be prepared to give evidence, but that you currently don't feel safe to do so, explain that you have tried to reach out to witness protection but had no response, and ask the court to help you get the support you need to feel safe enough to give evidence. At least this shows that you're engaging with the process and makes clear what you would like to happen.

Winniemarysarah · 17/11/2021 19:39

@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’ll know where she lives? Op the exact same thing happened to my partner. He ended up with a warrant out for his arrest and was put on tag. Btw he was arrested on the Friday night and had to wait for the courts to open Monday morning for him to attend before they let him go, so he spent 3 nights in the cells. You need to go
RantyAunty · 17/11/2021 19:41

If they're not family I'm not understanding why you have to see them every week?

Is it an ex? a boss?

Do you also know the victim?

3WildOnes · 17/11/2021 19:41

How are people missing the sarcasm in @Aqua55 ‘s post?!

Original poster
Arren12 · 17/11/2021 19:42

@Winniemarysarah obviously your partner is a bad person according to all these MNs who always put others ahead of themselves and do the right thing all the time for the good of society Hmm

OP posts:
sweeneytoddsrazor · 17/11/2021 19:44

Of course you are scared and anxious that is very understandable but if you don't go then you will be in contempt of court and that could have a bearing on your future.

It won't be easy but it needs to be done. If people refuse to give evidence then criminals get away with crime more than they already do.

WishMyNameWasWittyNotShitty · 17/11/2021 19:44

Right first of all the Court hasn't called you as a Witness, you have supplied a statement to the Police and the CPS have been able to use that in the process of the case.

During the previous proceedings it has been deemed necessary that your evidence is required to be heard live during a trial.

If you are anxious (understandably), you need to be proactive, if a summons has been issued one of 2 potential things could happen of you don't attend, you are arrested and taken to Court, where you will be required to be in the cells until the case is called on and you risk your own record, or the Defendant's case is dismissed due to no evidence...the case may be able to proceed, however if a summons has been issued, your evidence is crucial to the case.

To be proactive you need to contact either the officer in the case or the CPS to retract...and hope that they can, or request Special Measures....these can include screens whilst giving evidence or giving evidence via video link, you need to provide full reasons as to why you require special measures and the CPS would need to apply to the Court to grant the request.

You need to do this as soon as you can, otherwise you risk wasting Court time, being arrested or the case being dismissed....and with the sound of it this person may well be guilty and so would effectively get away with it.

You need to express you fear of this person to the CPS and follow their guidance.

It's not easy, and I'm sorry you are going through this.

Lastly, someone suggested attending Court to see if they van assist, they won't be able to unfortunately, they would refer you to the officer or CPS.

EvilPea · 17/11/2021 19:44

@Arren12

Well obviously I will have to go.

People on here have clearly never faced this or been scared and anxious etc

I have.

Take a deep breath Flowers . Witness serves have been shit for you. I’m sorry, your spiralling and not helping yourself. Take another deep breath.

Is the case imminent?
On the day of the court you will be looked after, they will let you have a screen if you want. They may even let you do it via video link.
My feeling is you just turning up will be enough to change the plea. They’ll get a better sentence then.

Deep breaths Flowers

Original poster
Arren12 · 17/11/2021 19:45

@RantyAunty I do not know the victim but I do know the perp. It could be an ex or my boss or a local shopkeeper or a neighbor or a relatives partner or a school parent...does it really matter. I see then alot I can't avoid that, I'm not making it up

OP posts:
Samedaysame · 17/11/2021 19:45

If you do not turn up a warrant will be issued for your arrest. If you refuse to answer questions in court you will be treated as a hostile witness. Hope this helps

Couchbettato · 17/11/2021 19:46

What's that saying?

Have courage.

Courage is being afraid, but doing it any way.

EinsteinaGogo · 17/11/2021 19:46

@Arren12

Well obviously I will have to go.

People on here have clearly never faced this or been scared and anxious etc

I feel really sorry for you, OP.

I would feel the same as you.

The police shouldn't have pushed you into giving a statement in the first place if you were so hesitant.

I get why they would, and I get why everyone SHOULD 'do the right thing', but I can also see how terrifying it is.

HeronLanyon · 17/11/2021 19:47

Criminal barrister here.
Do not ignore the summons.
I’m sorry you are worried about giving evidence and completely understand why.

The defendant will know that you have given a witness statement as he will have seen the Case papers which will include your witness statement. Obviously your fear of retaliation is lessened as he awaits his trial (he would know it would be stupid to do anything). That fearWill of course become more real after the trial.

sweeneytoddsrazor · 17/11/2021 19:47

It is about doing the right thing though. If you aren't prepared to do the right thing however scary then you shouldn't expect others to do the right thing by you.

Nidan2Sandan · 17/11/2021 19:48

[quote Arren12]@Winniemarysarah obviously your partner is a bad person according to all these MNs who always put others ahead of themselves and do the right thing all the time for the good of society Hmm[/quote]
You're ignoring how serious contempt of court is, stop the sarcastic comments.

PPs are trying to help you by pointing this out, anxiety or no anxiety. Everyone gets anxious going to court.

But also, you do need to do your part for society. Of course you do.

littlebigtiger · 17/11/2021 19:48

I completely get what you're saying op.

Testifying would be the right thing to do, but it's unfair that it could have negative consequences for you and your family.

I understand. You feel you'd be putting yourself in danger.

I'm sure many people would feel that way.

Swipe left for the next trending thread