Witness doesn't turn up to court?

[Mike25]

What happens if the main witness doesn't turn up to court? Will we have to sit around and wait all day? Will I still have to take the stand? Will the case be thrown out?

[exdc]

Hi Mike

Is the case at Crown ?

[exdc]

And sorry, do you know whether the witness a 'key witness'

[Mike25]

I have information to believe that the witness has moved to Australia for a year. The case is in Magistrate and yes he is a key witness.

[exdc]

Hi Mike

The law changed in 2005 regarding the Exceptions to the Hearsay Rule, I will check in a mo and get back to you with an answer.

[exdc]

Mike

Part 1 of 2

The simple answer to your question would be that the CPS and Police would make all attempts to bring a key witness to the court, if unsuccessful and the case was to proceed then a summon's would be issued to secure attendance (unless the prosecution and defence agreed the facts of the witnesses 'paper' statement, which is technically hearsay evidence).

[exdc]

part 2 of 2

However, there are five general exceptions in cases where a witness is unavailable and their original statment be used in court

(a)that the relevant person is dead;.

(b)that the relevant person is unfit to be a witness because of his bodily or mental condition;.

(c)that the relevant person is outside the United Kingdom and it is not reasonably practicable to secure his attendance;.

(d)that the relevant person cannot be found although such steps as it is reasonably practicable to take to find him have been taken;.

(e)that through fear the relevant person does not give (or does not continue to give) oral evidence in the proceedings, either at all or in connection with the subject matter of the statement, and the court gives leave for the statement to be given in evidence.

[Mike25]

Quote “CPS and Police would make all attempts to bring a key witness to the court, if unsuccessful and the case was to proceed then a summon's would be issued to secure attendance”
So there is a chance the case would not proceed if he doesn’t turn up? How could the original statement be used in court if I am highly disputing it and he his not present to be queried on it by my legal time?

[exdc]

Mike, I have known several cases to be discontinued where 'key witnesses' have not turned up, particularly if they are prosecution witnesses and their evidence involves important contested issues such as disputes in identification etc, but this case different if the witness is halfway round the world as it fits one of the exceptions allowed in law as stated.

[Mike25]

Thanks exdc, I will give an update on thursday how this turned out.
The dispute with the witness is about identification.

[tamborine]

Case is postponed or witness subpoenaed to court. If abroad, surely the courts could use Skype ?

[exdc]

Ok thanks Mike, in summary, this does cause a problem for the prosecution case against but your legal team will obviously advise you accordingly as they have all te facts etc. Best of luck

[exdc]

Mike

Sorry, I should have mentioned that the court obviously has to agree to use the exceptions to the hearsay rules etc.

[New Judge]

Here’s the drill in summary (note this is what should happen ideally, though it may not necessarily happen this way):

Assuming it is not possible to get the witness to court the prosecution will seek to have his evidence admitted by way of statement under the “hearsay” procedures as outlined by exdc. This is usually done in advance of the trial so that the prosecution can take a view whether to proceed if the ruling goes against them, though it may be made on trial day. If the Magistrates decide to allow the evidence the witness’s statement will be “read” to the court. If they disallow it, it will not be used at all.

If the trial goes ahead and the statement is allowed the magistrates can place what weight they think fit upon it and they will bear in mind that you have not had the opportunity to contest it by way of cross-examination in court. If it goes ahead and the statement is not allowed the prosecution case will be considerably weakened from what you have said.

It is most unlikely that the CPS will seek to have the witness attend if he is indeed in Australia. They will have to pay his expenses. There is no such thing as a “subpoena” to force this. A witness can be summonsed to attend if the magistrates agree, but they are most unlikely to issue a witness summons for somebody to attend from Australia. There are no facilities to use Skype of cctv or anything of that nature for a witness to give evidence from an unofficial remote location.

[Saralou]

Yes a key witness who is pregnant and has retracted her statement but cps are proceediing anyway!
What if she chooses to not go?

[Saralou]

Yes they're a key witness who has retracted their statement but the cps have gone ahead to prosecute anyway and have called her as a witness. She is heavily pregnant and doesn't show at the crown court. What happens to her?