Why Do I Feel Like The Victim..?

[Fudiot]

I never understood why people are reluctant to come forward to help the Police until I had my first experience with the Law and Judicial system. I am almost 68 yrs old and apart from going through a divorce, I have no knowledge of how thinks work... and I stress, no knowledge.
I gave a statement to the Police which placed an individual at a place at a given time. I did not witness any crime taking place... only that he was there at a certain time. This was followed up with a positive I.D. I heard nothing more for weeks until out of the blue I had a call from CPS to tell me that he was in court the following day. I figured that was it, but then four day later I receive another call informing me that the case was going to trial and that I would have to attend.
This is causing me a lot of stress because the accused lives in the same road as me and I am fearing that either I or my property is at risk, whatever the outcome of the trial. He knows that my statement played a big part in charges being brought against him. I was previously being treat by my Doctor for chest pains and on medication for it... possibly Angina. I now have a poor sleep pattern and the chest pains are worse. I am sure that the deterioration is related to this pending court case. If I had been made aware that by making a statement could resulting going to court, I would not have done so. Next time I'll say nothing.

[Peter Pedant]

I am sorry you fell this way Fudiot - presumably that is a play on the words Fluffing Idiot.

And the truth will make you free... I am not sure where that is from, but you're probably not feeling quite like that now.

About the only thing I can suggest is CCTV - but you are probably gonna say Ha! - which is what I had to do for myself when I let a con-man into the house and I think he fingered a key. It boiled down to ' do you want to be burgled or do you want to burgled and have a CCTV record. '

[New Judge]

You probably don’t recall, but it is usual that statements taken by the police conclude with words to the effect “…I am willing to attend court to support a prosecution if necessary”. Anyway, no matter.

The CPS have a Witness Care section. They should be in touch with you and you should speak to them to share your concerns. A bit of info about their roles and responsibilities here:

http://www.cps.gov.uk/news/fact_sheets/witness_care_units/index.html

Before the trial (if the matter gets that far) they will hand your details- including any concerns you may have - to the Witness Support Service at the court. They are part of Victim Support and they will support you through the court process and can arrange for you to visit the court before trial day to familiarise yourself with the surroundings. They are expert at dealing with nervous or anxious witnesses and you will be by no means the first person they have encountered with your worries. You can find out a bit more about what they can do for you here:

http://www.victimsupport.org.uk/help-for-witnesses

Lastly, you have done the right thing by making a statement and you should be prepared to follow this through if necessary by attending court. Without witnesses being willing to give evidence there is no justice and miserable toe rags get away with all sorts. You can do your bit to reduce that.

[tonywiltshire]

You have done the correct thing in providing the information you have but I am sorry to hear you feel like the victim, you are not the first, or probably, the last person to feel this way as I have heard similar comments from others and the Police and CPS should take note that it is the duty of us all to fight crime and assist in the administration of justice and that includes an efficient service from the Police and CPS.

[pixie373]

A general question - but why does the accused get told who has given statements? Is that usual?

[joko]

well just make sure he knows that all you have said was that you saw him in a place - not that you have made any accusations, or said anything incriminating etc - just explain that you didn't think anything of it, and why would you lie to the police, if you, at the time, did not know who was guilty?

for piece of mind though, yes cctv is probably wise

[browntrout]

I believe that prosecution/defence are obliged to make all the evidence they intend to use available to each other before the case. this is to give them both the chance to go through it in detail and decide how to act on all points raised. it seems only fair that the accused should know what the evidence against him is, and equally fair that the prosecution know what the defendant will claim.

there are other rules about reading out statements in court without the witness being present, although defendant will still know who the witness is.

basically, you can't have secret evidence from a secret source.

[Fudiot]

Thank you all for your words of support... and advice. I have ordered a CCTV system, so that's £300+ gone and then I have to fit myself. Knowing my luck I'll fall off the ladder! I feel sure that it will end up with me giving evidence as I have heard that the person in question has had several brushes with the law but has always got away without facing any charges because his mother gives him an alibi. That's why I feel that the Police could not care less, if my statement/evidence is believed and they finally get a conviction and any harm that affects my future is the sacrifice.
If when I gave the statement there was any reference to the possibility of my having to appear in court... I do not recall anyone telling me that, nor reading it. Perhaps a potential witness should be give a card clearly stating what the consequences could be before a statement is taken and not just slipping it somewhere, if at all.
I have so many things to arrange for that day... I was told I would have to be at court for 9:30. Wonderful! I have to get into the city center not having a clue how long it will take in morning traffic. Also as I have no idea how long I will be gone for, I can't leave my dogs alone for perhaps 10 hours, so they will have to go the night before into kennels for the first time in their lives. It would be impossible to get the kennels on the morning and then get myself to the court on time..... that alone has angered me. Yes I understand that witnesses are needed... but never again will it be me!

[Fudiot]

browntrout:
I am assuming that the first court appearance was for him to plead guilty or not guilty? Would he have known about my statement then? or not until before the trial? If he knew at that first appearance that a statement from a witness placed him at the scene he/they must feel confident they can discredit me in some way.

[pixie373]

He can try, fudiot. You can only say what you saw. Best of luck to you x

[New Judge]

“…but why does the accused get told who has given statements? Is that usual?”

They are not usually told who has given statements, just that a witness has provided one. However, if the matter goes to trial the witnesses are required to identify themselves before they give evidence.

To help with a few other concerns, Fudiot:

If you have concerns about travelling to the court (where it is, parking facilities etc.) then you really should speak to the Witness Support Service. They will be better at this sort of thing than the CPS Witness Care unit. As I said, they can arrange a visit before trial day.

On trial day itself Witness Support people will be there to help you. They will explain the court process to you and show you into the court room before the court sits. You should be aware that there is a possibility that the trial may not go ahead. Firstly it will almost certainly be double booked. Magistrates’ Courts almost always double book trials because large numbers of them do not go ahead for various reasons. So be prepared for the case to be adjourned. Also be prepared for a lot of hanging about as matters rarely get under way on time.

Yes his first appearance would be for him to enter his plea and he should have known about the evidence against him by then. However, his not guilty plea does not mean he has the means to discredit you. Large numbers of defendants maintain a not guilty plea until trial day. This is especially true of those who have played the system before as this individual seems to have. Essentially they wait to see if witnesses turn up and if they do they may then change their plea (this is one of the main reasons why trials do not go ahead as I mentioned above). If witnesses do not appear then there is a very good chance that the case will be discontinued. So if this happens do not think you have wasted your time. The fact that you were there prepared to give evidence forces the issue.

In conclusion I would say try not to worry too much (easy for me know). Whilst not entirely the sort of thing you would choose to do it is not too much of a drama - especially at a Magistrates’ Court. (There is no judge, no jury, no wigs and gowns and the court is usually presided over by three “lay” Magistrates). There are plenty of people available to assist you both before and on trial day. The CPS prosecutor will also be there on the day to help with your concerns (though he cannot discuss your evidence in detail with you).

Let me know if you have any other concerns and I'll try to help.

[pixie373]

Also, fudiot, remember it's not you who is on trial. I can understand why you're nervous, but you've done nothing wrong.

[boxtops]

Great reply, NJ - I hope fudiot finds it helpful.

[pixie373]

Thanks for your answer, nj.

[Fudiot]

Thank you everyone for your support. I have spoken to Witness Care today and we have gone through most of my concerns... they are going to get back to me so we can see what needs to be done. Again, thank you and I will let you know how things work out.

[pixie373]

And if you have any threatening or intimidating behaviour from him, log it accurately with time and date and let the police know.

[Fudiot]

After raising my concerns with CPS and them telling me that someone connect with the case will contact me I have heard nothing! I do not intend to appear as a witness unless something official drops on my door mat..... The telephone call I received informing me of the date/time and place is not good enough!

[Fudiot]

For those that gave me advice I would like to let you know what happened. After one adjournment due to the victim failing to make adequate child care arrangements we finally were summoned to court a month later. On the first occasion when given copies of my statements to read through, I noticed a error and told a court official about it. However the case was adjourned before anything was done about it. About a week later I received a letter from Witness Care informing me of the new date and asking if I had any issues or concerns and if so to let them know before the trial date. I sent them a 300 word email but received no response, so another asking why they had not responded..... there reply was "I can confirm that you are required to attend court on ../../.... " but no mention of any of the issues I had raised.
On the day, I had to walk into the court building past one of the accused and his family.. I only found out later that there was a separate entrance for witnesses but had not been told of it. Before the trial I was at last able to tell the prosecutor about the errors in my statement and gave him a copy of the email sent to Witness Care and there short reply. He was not impressed and commented that the "errors" would have a bearing on the case. My main concern was that I believed that one of the accused was in fact innocent and my accurate statement would help prove that......... The main culprit changed his plea to guilty but the other maintained his innocence and so my evidence I hope got him justice... I say I hope... because since the trial, I have hear NOTHING. You can guess what my feelings are towards our justice system are, can't you.