attending court- abh section 39 domestic

[Mrsab]

see previous post---------------hank you to all for their input, i have reflected on all the answers and running away is not the answer, i will have to see the matter through and actually attend court,
I have written to the cps, the courts etc and to date have had no reply so will have to attend, summons or no summons and give my evidence, waste of taxpayers money
technically my husband is guilty but so im i however he did not report me- but my primary concern is Its not in the families interest, a) to be separated from my husband due to custodial
b) for him to have a conviction which will ruin our financial stability and may have to rely on state benefits
please advise at court how should i approach this matter- for the best interest of the family

[bednobs]

TBH i thought you had had several good replies on your previous thread about how to approach things.

[Mrsab]

bednobs thanks but still not sure on the best way to give evidence,,, really worried

[themayor]

Mrsab. before the date of the Court hearing contact the Witness Service at the Court. Ask for a "pre-court familiarization visit", during your visit explain your "problem" to the Witness Service manager they should then explain how to approach the CPS solicitor on the day of the trial. Experience is that once you actually talk to the CPS solicitor at Court on the day of the trial, they will be very unwilling to "FORCE" you into giving evidence. Explain the to give evidence against your husband would lead to you "perjuring" yourself and therefore laying yourself open to "prosecution".
They do not like to proceed into a trial with an "hostile witness".

[Mrsab]

the mayor thank you, for the advice, i feel considering all my attempts so far the prosecutor wont listen anyway and may take a chance with a hostile witness,,, they want convictions more so then victims and the families interest.
i am so scared but thanks for your advice

[themayor]

Mrsab. If my memory serves me correctly, in your earlier post you stated that you were subject to a "witness summons". To "ANSWER" the summons you just have too "TURN UP AT COURT" on the appointed day/time.
If you are adamant that you do not want to give evidence then "you can not be forced to do so", although refusing to do so can be classed as "contempt of Court". Just remember if the CPS try to FORCE you to give evidence, when you are in the "Witness Box" just "inform/tell the Magistrates & the Clerk of the Court that you will not PERJURE yourself" doing this in open Court should force the CPS to not proceed.
Hope this helps.

[Mrsab]

Thank you Mr Mayor, will the courts really buy that??????? sorry for asking its just that i have tried so hard to get them to listen before the trial i just wonder after spending their time and resources etc they will accept me attending and saying the above, i am grateful for your advise and hope it works, thank you

[MissZI]

Don't wory Mrsab, everything will work, keep us updated.

[Mrsab]

I should wear a veil in court and if the judge asks me to remove i will refuse, do you reckon that will do the trick,especially if case transfers to Leicester somehow

[MissZI]

yes tht is a good idea

[MissZI]

yes tht is a good idea