Please help, court case

[Razpoot]

Hi. So I have never been to court before in my life, no idea how it works. I'm 19 with my 4 month old daughter. I dont want to go into too much detail but my now ex-partner got drunk, took my daughter out while drunk (i didn't know), came back and grabbed my throat then started screaming abuse at me and my daughter. He's pled not guilty, and i have to go to court to give evidence.

Does anybody have any advice/can explain it to me? I managed to record him shouting at me so i have that as evidence, how do i/can i show that in court? I also have the receipt from when he went out drunk (he took her to Tescos). I had called my mum when it happened and she could hear him screaming from outside when she came over, so can she be another witness?

Do i only mention what happened that night or should i mention other situations? E.g. I tried to break up with him before, he threatened to kill himself if he did and then on Facebook this night that's just happened where he was drunk he went live trying to do it, he also has cuts on his arms which he has told me are my fault, because im a horrible human being. I have the text messages to his mother telling her i didn't feel safe and wanting to break up with him before this happened but i was ignored as the last time I tried to break up he also started messaging people i know, his mum and my mum to tell them I am an abuser and a psychopath.

This isnt the first time he has been to court, last year he got drunk and assaulted me but he plead guilty, will that be taken in account for this situation? This is all new to me. Yes, im an idiot for sticking around with this guy.

Thank you

Also i should mention the reason i messaged his mother that was because i was asking if he could stay with her until he found a place like he used to before we moved in together, but she ignored me

Any previous convictions or court cases won't be taken into account when deciding if he is guilty or not but can be taken into consideration when deciding on sentencing.

It is quite likely he will plead guilty again again (often happens on the day of the trial when the defendant gets to court and is advised by his defence lawyer when they've seen the evidence) and there won't be a trial.

If there is a trial and you give evidence - you will see your witness statement that you made to the police at the time of the incident before you go into court. You must check that it is all correct - if there is anything you dispute you will be given the opportunity to let the prosecution lawyer know before you give evidence.

In court you will only be asked questions about what is in your witness statement.

It is up to the CPS (crown prosecution service) to compile all the evidence beforehand. That's not your job.

You should be classed as s vulnerable and intimidated witness and therefore you should be supported by the witness service at court (they are nothing to do with witness protection or the police - they are an entirely independent body).

Some-one from the witness service should contact you before the court date to offer you various forms of support.

You should also be offered special measures - this may be where someone from the witness service can be with you in court when you give evidence or where you can give evidence behind a screen so you don't need to see your ex.

Get in touch with the police officer in charge of the case before the court hearing if you have further evidence - such as the video recording - it is up to them and CPS to make sure all the evidence is compiled before the court date. That's not your job. Also ask him/her about special measures and getting in touch with the witness service so they can support you at court.

Your mother can be called as a witness but again this is something that the CPS must do before the court hearing. She can't just turn up on the day and say she wants to give evidence.
Any witnesses the CPS want to use will be notified before the court hearing.
Remember it is not you taking him to court - he is being prosecuted by the CPS - they have decided from the evidence the police have supplied them with that there is enough cause to prosecute him.
I can tell you what will happen on the day (I have supported many victims of domestic violence in court) but I suspect he'll plead guilty again and you won't need to give evidence

Just to clarify, when I say "he'll plead guilty again" I realise that he's currently pleading not-guilty but often what happens is the defendant gets to court and his defence lawyer - who will just have read all the evidence and will have chatted to the prosecution lawyer - will then talk to him and sometimes, although not always, suggest that the evidence is stacked against him, and he will be treated less harshly by the magistrates (or judge if it's crown court but I suspect this is being held in a magistrates court) when being sentenced, so then the defendant changes their plea to guilty on the day.
If you do have to go into court and give evidence - as I say - you should be supported by someone from the witness service and you'll only be asked questions about what is in your witness statement.

Thank you so much @onemorecupofcoffeefortheroad, this is extremely insightful, i can't thank you enough

Make sure that the lawyers for the prosecution have your recording - they need to decide how best to present it as part of the case, rather than you just producing it in court as part of your testimony.

Tell them everything. Someone close to me took their wife to court and told them everything she done. They were brilliant and really understood except one judge who was very much in favour of the abusive mother. Telling them everything is key. Wrote everything down and don't forget any detail. In short, she lost custody and the father won the case. She is one of the most evil people I have ever come across.

Write*

Don't give your recording direct to the Cps, they won't accept evidence directly. In your case, it needs to be properly formatted and redacted (edited) which is the police's responsibility. So send it to the officer in charge of your case. If you don't already know who that is, you can ask the Cps. If the case has been listed for trial they should also be able to tell you who your witness care officer is and provide contact details for them.

Thanks everyone. I should also mention I'm in Scotland, in case that changes how anything works. I'll send the audio to the officer today. Debating if i should mention the others things hes done or not and how I'd go about it. He's also been an avid weed smoker, daily, and I believe that's taken a toll on his mental health. He isn't happy unless he's high

The advice I gave you was from my experience working with the witness service in English courts but I've just googled Scottish witness service and there is one there also. If you Google "witness service Scotland" there's a chat function and a helpline number..

My advice was based on the English and Welsh legal system. And although I don't know the particulars of the Scottish system, I imagine it's similar.