rights of a witness

[evedawn]

I gave a statement to police regarding being the only witness to a very violent incident. This is now going to Crown court. The thought of testifying fills me with real fear (panic attacks / insomnia etc) and I want to know if I can retract my statement. I DON'T want to shirk my duty but it is causing me real anguish. Someone has said I can request to the CPS that I change it from a Statement to an affidafit and then that wil be READ out in court but I won't have to appear. Does anyone know if this is possible?

[dinger128]

Don't retract your statement, your evidence if vital in ensuring justice is upheld. If you are worried about providing evidence in court there are mesures that can be put in place to help you.

http://www.cjsonline.gov.uk/victim/your_case/i ndex.html

The above site gives some brief details, if you contact them I suggest you ask about "special mesures" which can be provided to help you in your day at court.

[evedawn]

Like I said I don't want to shirk my duty and that is why I want to know if I can give an AFFIDAFIT(spelling?) only...the affidafit will contain all the same info as the statement and will be able to be shown to the judge but...may prevent me from appearing in court. have you heard if it's poss to change from a statement to an affidavit.?

[dinger128]

If you speak to the Police Officer in charge of the case (ring your local station and provide the crime number / other reference number) and explain to them your concerns and worries. They will liaise with the CPS and the CPS will agrue the case with the defence that your statement should be read out in court instead of you facing a cross examination.

You may be required to provide a further (albeit very short) statement to police explaining how afraid of this person you are to support your case.

[Joe_the_Lion]

As dinger said contact the OIC (Officer in Charge)

Also at court there will be a Witness Liasion Officer. This is a voluntary person, often a kind old person who alleviates fears.

A few further points. If you withdraw, there may (and I stress may) be a chance you are summonsed yourself to testify. Known as a hostile witness, you don't really want to go down these lines. Any refusal to attend can lead to YOUR arrest and at court, contempt charges may be brought against you. This is regardless of the actual crime you are there for!!!

Secondly, if you are scared of the assailants. It must be remembered that if any funny business does occur, witness intimidation is probably a worse offence than what you are testifying against. The defendants will know this.

And finally, rest assured YOU ARE NOT THE ONLY WITNESS. There will be police witnesses and more than likely a doctor (if there were any injuries). Although they are treated slightly different to yourself at court, the rudiments of their testomony is exactly the same as yours.

Good luck. Honestly it is not that bad. Just take your time, address the Judge and not the counsel and chin up.

[evedawn]

thanks for that both of you! ALthough it has not made me any less nervous it HAS given me a bit more insight. I appreciate your info. Do you know how the cross examination works? Will they ask questions only about what is in the statement. Approx how long would I be in the stand (I know it is imposs to be EXACT).

[Joe_the_Lion]

You can be asked anything that is relevant to the facts. If you give hearsay, you will be over ruled. And only give opinion if asked for.

Just say what you saw and what you heard.

Just the facts. Do not waffle, be succint without being curt. Never lose your rag or try to be smart. Barristers will have you in knots in a number of seconds.

You could be in for a minute, you could be in for 5 hours+. There really is no way of saying.

Just relax and take your time. Do not be bullied by the defence. Just say firmly, with respect. "No that is not what happened"

After the point has been made three times, the Judge should interveen and stress the point has been made clear.

**********I need clarity on this to be sure***********

I think it will be defence questions followed by prosecution questions (the CPS) followed by defence if they so wish once more.

[Joe_the_Lion]

Clarity needed refers to my last paragraph only.

[evedawn]

thanks for your info - much appraeciated.