Police Statements Retracted - Mags Court

[Oddbod117]

I have an upcoming magistrates court appearance for a common assault matter. This will be the first appearance at the magistrates court (Plea etc). The police have been in touch and informed me that two of the three witnesses have retracted their statements as they ( the witnesses) believe the matter was a trivial one and I should not be facing any further action. The only reason the third witness has not been able to retract his statement is because he is on holiday. The question I have to ask is will I need representation to inform the magistrates of this matter or should I seek the duty solicitor to bring this to their attention on my behalf? I would appreciate any advice as I do not want to have to pay for a solicitor if I do not need one.

[Peter Pedant]

depending on your status
Queen of England - senior diplomat - professional like a nurse -

I would make sure by hiring a lawyer

the last thing you need is a cack-up
where you end up convicted and then lose your job ....
and get a record and blah blah.

[New Judge]

You need to bear something in mind – a witness cannot “retract” a statement. Once it’s made it’s made. Witnesses can provide a second statement denying that what they said in the first one was correct. They then lay themselves open to charges of making a false statement (there’s a big warning to that effect on the statement form that they sign).

So to practicalities. Whether or not the matter should proceed is not a decision for the witnesses. It is not for them to decide whether the matter is trivial or not. If the CPS decides to proceed (and it’s by no means certain if the sum total of their evidence is that provided by three “reluctant” witnesses) they cannot use the original statements as evidence without calling the witnesses to court to give live evidence unless you agree to them doing so. They (the prosecution) may care to ask the court to issue witness summonses to get them to court. Once there they will be asked to give evidence of the events on oath. If they “cannot remember” what happened the fact that they made statements describing the events will be put to them and the court may agree to them seeing them to “refresh their memories”.

There’s not much a solicitor can do at your first appearance and I would not pay for one. However you may be able to get advice from the duty solicitor. When you make your first appearance you will know whether or not the prosecution intend to proceed with the allegation. If they do intend to do so the magistrates have no power to dismiss the matter, whatever they are told about the witnesses. You will be asked to enter a plea. You are not entitled to see the statements and any detailed evidence until and unless you plead not guilty and the matter goes forward for a trial. My advice would be that you do just that (bearing in mind that you immediately lose the full credit you would otherwise receive for an early guilty plea). After that the prosecution must serve you with the evidence they intend to rely on together with any “unused material” they have which supports your case or undermines theirs. So you should receive the original statements and the “retraction” statements. Then might be the time to seek legal advice as rebutting “retracted” evidence is not always straightforward, especially if the prosecution is determined to press ahead and asks for witness summonses.

Is this a "domestic violence" matter by any chance? If it is you will find the prosecution will be far more reluctant to discontinue it.

[Peter Pedant]

thanks NJ
jesus I thought it was man getting possed in pub ,,,,,,