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I'm A (Victim) I'v Contacted By The Witness Service But I Haven't Received Any Summons Yet , Do I Have To Attend The Court ?
8 Answers
I need help please very necessary. There was an argument between me and my partner and one of our neighbours heard our voice, and then contacted the police, and when the police came I made a statement against my partner , and I put my signature on, then I went to the police station to withdraw the case , When I saw the old statement, there was a surprise for me because there was very exaggeration from the officer who wrote the statement, there was written that I hah injuries and I hadn't any injures.Also written that there is a witness, and this is not true and lie and illogical , The officer refused to withdraw the case, and now I was contacted by the witness service only to attend the trial , Is it better to go or not. Do I have the right and Is it ok if I don't attend the trial. as long as I did not receive any official summons ??? Please I need answer urgently?? Many thanks
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.You do not receive a summons to attend court when a trial first takes place. You are “asked to attend” and that is what has happened. If you do not attend the prosecution may ask the court to issue a witness summons to secure your attendance. If you fail to attend in response to that you can be arrested and brought to court on the appointed day.
You should know that the Crown Prosecution Service (CPS) has a policy of continuing cases of domestic violence without the co-operation of the alleged victim if necessary. Once a statement is made it cannot be “unmade” or withdrawn. All you can do is to make a second statement saying that the contents of your first were incorrect. If you do this you are still likely to be asked to attend court and you will be questioned as to why there is a significant difference between your two statements. You may be declared a “hostile witness” and be liable to cross-examination by the prosecutor.
You should know that the Crown Prosecution Service (CPS) has a policy of continuing cases of domestic violence without the co-operation of the alleged victim if necessary. Once a statement is made it cannot be “unmade” or withdrawn. All you can do is to make a second statement saying that the contents of your first were incorrect. If you do this you are still likely to be asked to attend court and you will be questioned as to why there is a significant difference between your two statements. You may be declared a “hostile witness” and be liable to cross-examination by the prosecutor.
angel - there have been quite a lot of posts on 'I've made a statement and now I want to un-make it'
The general rule is that you have to turn up and give evidence if you are asked. Clearly there are inconsistencies in your statement that you have to make clear when you give evidence on the day.
in answer to your question -1) it is better to go
and 2) no you do not have the right to stay away
in fact3) you have a duty to attend
The general rule is that you have to turn up and give evidence if you are asked. Clearly there are inconsistencies in your statement that you have to make clear when you give evidence on the day.
in answer to your question -1) it is better to go
and 2) no you do not have the right to stay away
in fact3) you have a duty to attend
New judge, peter-pedant and ummmm, thanks a lot for your answers , but I really don't want to harm my partner and Regret about this statement that I signed on , I want ask you last Questions please .what if I attend the court and say that I don't remember ? Or I lied what will be the Consequences for me ? Already there has been greatly exaggerated, and things did not actually happened such as that injuries and that witness .
If you say you cannot remember the events which you described in your statement the prosecutor can ask that the details of your statement be made available to the court on the basis that the events were probably fresher in your mind when you made the statement than they are on trial day.
Saying that you lied when you made your original sttement may render you liable to prosecution.
Just out of interest, were you the victim of violence on this occasion?
Saying that you lied when you made your original sttement may render you liable to prosecution.
Just out of interest, were you the victim of violence on this occasion?
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