steve m
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| posted on 17/1/11 at 02:02 PM |
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Can you refuse to be a witness to a crime?
A Female Colleague of my Wife, witnessed a very ugly fight, and was questioned at the time by the Police
and she stated at the time that she would not be prepared to go to court as a witness,
The case has now progressed to Crown court level, and she has been contacted to give her statement in person
and she has declined, to be told that she will be arrested for not providing a witness statement
Does this sound right?
as to me it seems a bit bully tactics, or possibly the Police's last resort to nail the offender
Steve
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ChrisW
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| posted on 17/1/11 at 02:05 PM |
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I believe that if there is a concern over witness protection - ie whether she may be subject to a revenge attack - steps can be taken to conceal her
identity from the offenders. However, I doubt that she can refuse out right to give evidence.
The trick would be to say that she is scared of the consequences of being identified by those involved.
Chris
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loggyboy
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| posted on 17/1/11 at 02:27 PM |
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A summons is just that, they are summoning you, you dont get an 'invite' with an RSVP!
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James
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| posted on 17/1/11 at 02:28 PM |
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Nothing like being a responsible citizen and doing your bit for justice! 
Or maybe I've just watched Batman: The Dark Knight too often! 
------------------------------------------------------------------------------------------------------------
"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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mookaloid
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| posted on 17/1/11 at 02:44 PM |
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I presume that if she was the victim of a crime herself she would hope that any witnesses would gladly come forward and help the police to get her
justice.
or maybe they won't want to get involved............................
"That thing you're thinking - it wont be that."
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eznfrank
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| posted on 17/1/11 at 03:25 PM |
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It sounds as though she has been let down by the police. Once a statement has been given that's it, she can be called and has no real options
to avoid it.
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ashg
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| posted on 17/1/11 at 03:37 PM |
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she has to go but she doesn't have to remember what happened if she is truly scared for her safety.
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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blakep82
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| posted on 17/1/11 at 03:56 PM |
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yep withholding evidence!
lets hope she doesn't need a witness who refuses to come forward... 
to be honest, i think thats an absolute disgrace, IMO
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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jossey
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| posted on 17/1/11 at 05:19 PM |
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you can refuse to make a statement or state you dont remember anything....
dave j
Thanks
David Johnson
Building my tiger avon slowly but surely.
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snippy
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| posted on 17/1/11 at 05:22 PM |
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In a Crown Court a Judge may issue a witness summons which orders that person to attend court to give evidence. If that person refuses they commit an
offence. In some cases a Judge may issue a witness arrest warrant which gives the police the power to arrest a witness and bring them to court under
their escort. This does happen, I`ve witnessed it with my own eyes!
If your mates wife is simply afraid of giving evidence due to feeling intimidated there are all sorts of things that can happen within a court to make
her experience of giving evidence feel better. For example she could have a screen around her in the witness box or the judge can empty the court of
any public watching. The prosecution would need to make an application to the judge to request these things to put in place though.
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andrew
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| posted on 17/1/11 at 05:42 PM |
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there are to many people dont want to get involvd not my problem etc ,, lets hope when they need witness ,, help etc , they get the same treatment ,,,
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steve m
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| posted on 17/1/11 at 06:13 PM |
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"yep withholding evidence!
lets hope she doesn't need a witness who refuses to come forward...
to be honest, i think thats an absolute disgrace, IMO "
So Blake, and Andrew you have all the relevent info on this case do you ??
No!
I do, and for that reason alone, im with her, and in this case, i also would not want to go to court for what ever reasen
to say a word,
For all the replies thank you, it all makes sense, although i do think if i ever witnessed somthing nasty, i may have amnesia
Regards
Steve
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scootz
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| posted on 17/1/11 at 06:16 PM |
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quote:
Originally posted by steve m
... although i do think if i ever witnessed somthing nasty, i may have amnesia
Why?
It's Evolution Baby!
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mistergrumpy
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| posted on 17/1/11 at 06:39 PM |
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As Snippy says. If she gave her details etc. and an account at the time then she can still be called. If this is the case then she should ask the
court to consider special measures. These are giving evidence from behind a screen or video evidence from another roo in the court. The courts
don't have to grant special measures but she can ask.
Also witness support can help. They can be contacted via the police easiest and they're an independent body who can explain things and can even
walk the witness around court whilst the room isn't in use and explain where everyone will sit.
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JoelP
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| posted on 17/1/11 at 06:42 PM |
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Think how society would be if everyone was too scared to testify? Criminals would have the run of the place. Then think about the courage shown by
those who actually testify in 'real' nasty cases, ie serious organised crime.
If she is that scared, tell the police and they can make arrangements. One way or another, they will get her there, and if she changes her story, then
she risks being prosecuted for wasting police time, or even perverting the course of justice.
I went to court to testify, and the cnut put in a guilty plea once he was told the witnesses had turned up - he was hoping we wouldnt bother/dare. He
didnt ever see our faces, or learn any details about us.
Beware! Bourettes is binfectious.
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mistergrumpy
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| posted on 17/1/11 at 06:52 PM |
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^Very common^ Lost count of the times I've turned up and then they've fessed up
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blakep82
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| posted on 17/1/11 at 07:09 PM |
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so you'd both be quite happy knowing he's still on the streets and he could do it again. brilliant
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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morcus
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| posted on 17/1/11 at 10:43 PM |
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She waived the right to silence by making a statement. If you refuse to actually testify you've got a choice of offenses you can accept
depending on what you claimed had happened.
In a White Room, With Black Curtains, By the Station.
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andrew
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| posted on 17/1/11 at 11:29 PM |
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pathetic , ,,,, people like you give criminals the green light to do whatever they want ,, so if your property got vandalized and your neighbor saw
what happend but didnt want to know you would be happy ,,, and yes there are allways two sides to a story and we dont know all the facts,,, but we
comented on the infomation given ,, but think on this , if they walk away, the next time sombody could lose their life ,,,,//??????? furthermore,
its about time the country as a whole grew some balls,,,,
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McLannahan
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| posted on 17/1/11 at 11:31 PM |
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quote:
Originally posted by andrew
pathetic , ,,,, people like you give criminals the green light to do whatever they want ,, so if your property got vandalized and your neighbor saw
what happend but didnt want to know you would be happy ,,, and yes there are allways two sides to a story and we dont know all the facts,,, but we
comented on the infomation given ,, but think on this , if they walk away, the next time sombody could lose their life ,,,,//??????? furthermore,
its about time the country as a whole grew some balls,,,,
Had a few drinks tonight Andrew?
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andrew
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| posted on 17/1/11 at 11:46 PM |
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no not been drinking ,,, ,,,,,,,,,,,,,,,,,,,, but think about it , the victim could beyou or a loved one next time ,, the system need a major overhaul
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Steve Hignett
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| posted on 18/1/11 at 12:02 AM |
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I did the same thing.
Witnessed a guy killed, the family who were as organised crime as a small town could get, threatened everyone they could, and the amount of witnesses
available went from 33 to 6 as they all seemed to develop amnesia.
Went to Mould crown/county (?) court the first time and we didn't have to go in as his lawyer disputed a technicailty and then went to Chester
crown/county (?) court the second visit and when the 6 still turned up he pleaded guilty.
I think he was just trying to drag it out so his family could get to the rest of us!!!
Didn't work though and he went down for quite a while...
quote:
Originally posted by JoelP
Think how society would be if everyone was too scared to testify? Criminals would have the run of the place. Then think about the courage shown by
those who actually testify in 'real' nasty cases, ie serious organised crime.
If she is that scared, tell the police and they can make arrangements. One way or another, they will get her there, and if she changes her story, then
she risks being prosecuted for wasting police time, or even perverting the course of justice.
I went to court to testify, and the cnut put in a guilty plea once he was told the witnesses had turned up - he was hoping we wouldnt bother/dare. He
didnt ever see our faces, or learn any details about us.
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