Is a child required to attend court as a witness if called?

[Number42]

DD 14 witnessed a punchup in the street and, thinking she was in a cop drama, video'd it and told the police when they showed up. They asked us to bring her to the station to get a copy of the video and take a witness statement, which we did. Now we've got a text "requiring" her to attend court in July ie miss school to do so. Is she actually required as in can they compel us by law, or can we refuse (please no lectures about the importance of the criminal justice system and why are we even considering not turning up - this was a punchup, nothing more, they have her video, she is pretty vague about the whole thing and her going to court is not going to advance the Cause of Justice, it is just going to take her out of school needlessly.)

I'm not a lawyer, but looking at this it seems they can, yes.

click here

Perhaps you should ask the cab or the court?

I'm not certain but I think if they ask for her, legally she has to go. There may be a way out of it that I don't know though.

this too

Yes, she's required to attend if they ask her too. Although I'd expect a letter rather than a text message - usually you'd take the letter into school and they'd authorise the absence as it's unavoidable.

Yes she has to attend court and can be summoned to attend. How would you feel if she had been a victim in a 'punch up' and a witness refused to attend court. The video is inadmissible in evidence if she doesn't go to court.

Hi Number,

in theory, yes, but in practice almost certainly no.

Once she has made a witness statement for the prosecution, then, if reluctant she could be summonsed, then if still refusing, there could be a warrant issued for her arrest.

But reality is that no prosecutor, and no court, is going to go down this route, for obvious reasons.

I can imagine a situation where a young person was the sole witness to a very serious crime. Maybe the court would compell in that situation, each case is different.

I would respond to text and let them know you don't want her to come to court, then see what happens.

Is her evidence just producing the footage, or does she say something additional to that; extra evidence which is not recorded?

I am thinking that if she only exhibits her own recording, then the court would expect the defence to agree her evidence, so she doesn't have to attend court.

Yes they can summons you to attend. Speak to your local police force witness care unit (ring 101 of you are not sure) and get their advice. However, in a nutshell, if the judge/magistrate wants her to attend, she will have to.

Also find out who the officer in the case is and speak to them.

The problem is that the defence and prosecution often don't get around to agreeing evidence (and thus releasing potential witnesses) until just before the actual trial starts.

Happened to me. Very stressful and a wasted day off work.

For a child - not good at all. I agree about contacting the Police as Strawberry suggests.

Even if the accused pleads guilty at the last minute then it could still be an educational experience to see what happens in a court setting. Perhaps it might make her want to be a lawyer or police and put her off the idea of being a criminal.

If you are more confident it might make her less unsure about the whole thing.

She'll be sat in the witness room, though. I didn't get to see the court at all - just got told my statement was now accepted and I could go home.

Thanks everyone, really helpful. Will try to speak to Witness Care Unit.