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If you get called upto be a witness

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spook | 15:50 Tue 13th Nov 2012 | Law
18 Answers
If you get called upto be a witness do you have to go?
is it compulsary?
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If you are summonsed, yes.
If you fail to attend, you will more than likely be arrested and charged gaining a criminal record for yourself.
You cannot be arrested unless attendance is requested by Court summons, furrypussycat.
I believe the charge would be 'contempt of court'.

http://www.courtrooma...nt-turn-up-court.html
Only if they summon you as BM says .
I was a witness to a crime once and the police took my statement .I hoped it would go away and I wouldn't have to appear but the summons dropped on the doormat and I had to attend .No way out of it .
I agree Barmaid, I am assuming the summons had already been served.
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.
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No. It's not an official summons. It say's "I writing to confirm that you are required to attend court"

Though it's not an official summons, I think they have worded it quite cleverly.
Is there nothing in the letter or in any notes accompanying it that gives details of expenses, what if you are ill, what if you fail to attend etc. Who has sent the letter, spook?
Has the Defence Lawyer been out to see you?
I identified a person as a potential criminal and he came to see me to get my side of the events.
(Scottish Law) Alleged felon pleaded guilty so I wasn't needed.
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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.
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No visit's from lwayers at least not yet.
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?
If you've been called up then I take it you've given a statement. What if you decide to withdraw your statement? is there a time limit on that?
You cannot withdraw a statement. Once it's been made, it's been made. You can make another statement retracting or contradicting the first. You may still then be called to court to give live evidence about what you really DID witness.
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New Judge. It's just being held in the Magistrates Court.
Then what I said in my earlier answer holds true (there are slightly different arrangemnts available in the Crown Court).

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