What happens if you refuse to testify?

[danarain]

What happens if you're a victim or a witness in a DV case and you refuse to testify?

Have you been sent a witness summons

It’s no guarantee they won’t jail him anyway

It depends on what other evidence they might have, the severity of the crime and probably his previous convictions

Yes, they have.

They know that they have to show up, but they will refuse to testify.

They can be held in contempt of court, which carries either a fine or possible imprisonment.

Your friend needs to contact the court witness support team and explain why they are reluctant to testify. If they are vulnerable or fear repercussions, these can be mitigated or special measures put in place so they can give evidence in private or with support; but if the court doesn’t know, they won’t make any allowances for a witness refusing to testify.

You don’t testify in England or Wales. You give evidence.

Usually the case just collapses, or at least it does in Mags court if there’s no other evidence.

Are they refusing to give evidence because they are scared of reprisals?

The case will collapse, have they threatened to arrest you or anything yet? They did to me.

If you have children, expect social services on your case too. They came after me for emotional abuse because I refused to go to court but I was petrified and just wanted to get on with my life

No.

Yes, police has threatened them with arrest if they don't show up.

But what if they do show up and refuse to give evidence?

Was yours in Magistrates Court or Crown Court?

Is it common practice to fine or hold a victim in contempt of court?

They aren't a victim if they havent given evidence they are a complainant.

A summons means they can be arrested and brought to court to give evidence.

If they refuse to actually step foot in the court room that is different because they've technically obeyed the summons.

If they are in a courtroom under oath and refuse to answer questions the prosecutor can apply to have them treated as a hostile witness which means the prosecution can cross examine them.

The bigger question is WHY dont they want to give evidence to hold their abuser to account?

Sometimes just showing up at court is enough to make them change their please to guilty.

@danarainmine was crown court