Does he have to go?

evdok · 08-06-2020, 05:14 AM

My son witnessed a chap jumping out of he's car & attacking a male pedestrian just out side where he works, police came round later & asked if anyone saw what had happened, he gave a statement & made it clear if it ends up in court he doesn't want to be there which they stated this in he's statement. today he gets a letter to attend court to give evidence as the bloke has pleaded not guilty, does he have to go by law?

isleaiw1 · 08-06-2020, 08:52 AM

I think if you refuse they can make you attend - but why wouldnt he? the law is only as good as those who make it happen.... if you turn a blind eye then the law has to...

Broncho · 08-06-2020, 09:02 AM

Dunno but a friend of mine was in a very similar position years ago, he actually knew the perps and felt very intimidated, the police went to his house on the morning and took him there to make sure he went.

F30Andy · 08-06-2020, 09:28 AM

He does not have to go unless the judge summons him.

If his evidence is something the trial depends on, he will get a witness summons and be expected to turn up very very quickly.

He does not want a judge to summon him because if he then fails to turn up the police will find him and arrest him. If he still refuses to give evidence once at court, he will be in contempt of court.

Best thing he can do is turn up on the day and tell the ushers he will not be giving evidence.
They will then relay it to the judge who will most likely throw his evidence out (probably resulting in a collapsed trail if there is no other significant evidence) or will have his statement read out in court but will not be required to undergo cross examination.

It's a shit situation to be in.

Soul_Glo · 08-06-2020, 09:40 AM

All that is necessary for the success of evil is for good men (or women) to do nothing.

Here's the deal:

https://www.gov.uk/going-to-court-victim-witness

He'll have to attend on the day if called upon but doesn't have to give evidence if he doesn't want to.

What are his reservations? That he was the only witness? Did the perpetrator see him? If he thinks the perpetrator will be back for him then it's rarely the case and won't do the perpetrator any good.

If he feels uneasy a screen can be arranged to hide his identity.

It's understandable why people would rather not be involved.

08-06-2020, 05:14 AM	#1
evdok Lieutenant Colonel 819 Rep 1,908 Posts Drives: 330D M/SPORT xDRIVE INDIVIDUAL Join Date: May 2015 Location: WORCESTERSHIRE iTrader: (0)	My son witnessed a chap jumping out of he's car & attacking a male pedestrian just out side where he works, police came round later & asked if anyone saw what had happened, he gave a statement & made it clear if it ends up in court he doesn't want to be there which they stated this in he's statement. today he gets a letter to attend court to give evidence as the bloke has pleaded not guilty, does he have to go by law? __________________ Happy Motoring Evdok
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08-06-2020, 08:52 AM	#2
isleaiw1 Lieutenant General 8764 Rep 12,242 Posts Drives: iPace / Mini Join Date: Jul 2016 Location: UK iTrader: (0)	I think if you refuse they can make you attend - but why wouldnt he? the law is only as good as those who make it happen.... if you turn a blind eye then the law has to...
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08-06-2020, 09:02 AM	#3
Broncho Banned 2311 Rep 5,101 Posts Drives: Chav white Mercedes Join Date: Nov 2015 Location: Rainhill iTrader: (0)	Dunno but a friend of mine was in a very similar position years ago, he actually knew the perps and felt very intimidated, the police went to his house on the morning and took him there to make sure he went. Last edited by Broncho; 08-06-2020 at 10:19 AM..
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08-06-2020, 09:28 AM	#4
F30Andy Brigadier General 1774 Rep 3,487 Posts Drives: An Entire Fleet Join Date: Sep 2013 Location: UK iTrader: (0)	He does not have to go unless the judge summons him. If his evidence is something the trial depends on, he will get a witness summons and be expected to turn up very very quickly. He does not want a judge to summon him because if he then fails to turn up the police will find him and arrest him. If he still refuses to give evidence once at court, he will be in contempt of court. Best thing he can do is turn up on the day and tell the ushers he will not be giving evidence. They will then relay it to the judge who will most likely throw his evidence out (probably resulting in a collapsed trail if there is no other significant evidence) or will have his statement read out in court but will not be required to undergo cross examination. It's a shit situation to be in.
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08-06-2020, 09:40 AM	#5
Soul_Glo Major General 13346 Rep 7,484 Posts Drives: G20 Join Date: May 2013 Location: Manhattan, NYC iTrader: (1)	All that is necessary for the success of evil is for good men (or women) to do nothing. Here's the deal: https://www.gov.uk/going-to-court-victim-witness He'll have to attend on the day if called upon but doesn't have to give evidence if he doesn't want to. What are his reservations? That he was the only witness? Did the perpetrator see him? If he thinks the perpetrator will be back for him then it's rarely the case and won't do the perpetrator any good. If he feels uneasy a screen can be arranged to hide his identity. It's understandable why people would rather not be involved.
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