ChatterBank8 mins ago
If you get called upto be a witness
If you get called upto be a witness do you have to go?
is it compulsary?
is it compulsary?
Answers
Best Answer
No best answer has yet been selected by spook. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.A summons isn't an automatic step. Normally it will just be a request either from the CPS or from a solicitor (or, in unrepresented, the party) - known as a warning. Witness "warnings" are sent out as a first step. IF it is considered that a witness is unlikely to attend, then a summons can be issued at an early stage.
Depending on how serious the case is, the authorities may accept a reasonable excuse. Towards the end of my university course, I witnessed a piece of really careless driving and gave the police a statement. The date they scheduled for the court case was right in the middle of the week of my final exams! When I explained the problem, they told me not to worry, just forget about it.
Expense claim forms. the lot. But even though requested no to go to court, gave detailed statement of really what time a transit style van passed by factory. Dim lighting notable to see driver or reg. Just side of van. Plus i'm not into cars and don't even drive so couldn't tell make or even remember if the vehicle shape.
The clue is in the letter you have received,spook:
"I writing to confirm that you are required to attend court"
Whoever wants you there (either the prosecution or the defence) has seen your statement and intends to use your evidence as part of their case. The other side is entitled to have you attend court if they do not “agree” your evidence so that they can cross-examine you. If you do not attend your evidence cannot be used.
If you do not attend as requested whoever needs you there will have to decide if they can continue their case without you. If they decide they cannot do so they will have to ask the court for an adjournment (which they are not bound to grant). If an adjournment is granted a request may be made for a witness summons. If this is granted and served on you, you must attend court. If you fail to do so you could be arrested and brought before the court.
Is it a Crown Court or Magistrates' Court you have been asked to attand?
"I writing to confirm that you are required to attend court"
Whoever wants you there (either the prosecution or the defence) has seen your statement and intends to use your evidence as part of their case. The other side is entitled to have you attend court if they do not “agree” your evidence so that they can cross-examine you. If you do not attend your evidence cannot be used.
If you do not attend as requested whoever needs you there will have to decide if they can continue their case without you. If they decide they cannot do so they will have to ask the court for an adjournment (which they are not bound to grant). If an adjournment is granted a request may be made for a witness summons. If this is granted and served on you, you must attend court. If you fail to do so you could be arrested and brought before the court.
Is it a Crown Court or Magistrates' Court you have been asked to attand?
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