Court, what can i do? - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HUKD, you accept our cookie and privacy policy.
Get the HUKD app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

Court, what can i do?

JboyJayJason Avatar
6y, 7m agoPosted 6 years, 7 months ago
So my brother witnessed some drunk fool throwing bottles at cars and phoned the police and made a statement. He made the officers aware that he didn't want to go to court as he hates them and its an unpleasant experience. He got a letter through the post a few days ago to say he had to go to court as he is the only witness. He has been told he cannot refuse because of him being the only one. What can he do he really doesn't want to go?
JboyJayJason Avatar
6y, 7m agoPosted 6 years, 7 months ago
Options

All Comments

(19) Jump to unreadPost a comment
Comments/page:
#1
If he has received a witness citation to attend court by the Crown he has to attend otherwise he can be arrested. This is what happens in Scotland and I presume England will be the same. That's the trouble with being a good samaritan. You're damned if you do and damned if you don't.
suspended#2
If he doesnt go he can get in to trouble and also case can be thrown out as only 1 witness
#3
There's nothing he could do really if he doesnt turn up he'll get a witness summons.
#4
I was on jury service last week and the week before and they used statements as credible evidence, the judge said just because the person wasn't there does not mean u treat the evidence any differently. These cases did have other witnesses though. Maybe because your brother was the only witness they can't just use his written statement in court?
#5
kaks26
If he has received a witness citation to attend court by the Crown he has to attend otherwise he can be arrested. This is what happens in Scotland and I presume England will be the same. That's the trouble with being a good samaritan. You're damned if you do and damned if you don't.


This you have to go, amazing really someone damages a car they get called up, a couple of years back I witnessed two people kick a man to within an inch of his life, they didn't even get to court!
banned#6
Broken britain, don't want to go but first to complain when its your car smashed up next time
#7
whatsThePoint
Broken britain, don't want to go but first to complain when its your car smashed up next time


Well, that has to be the worse way of it looking at it. He reported it out went out of his way, missed his night at work because he missed the last train, lost the money for that night, just to do the right thing. I guess the moral of the story is, don't report it next time just let them run wild.
banned#8
JboyJayJason
Well, that has to be the worse way of it looking at it. He reported it out went out of his way, missed his night at work because he missed the last train, lost the money for that night, just to do the right thing. I guess the moral of the story is, don't report it next time just let them run wild.


no the moral is if more people like your mate did what he did and the courts sorted these anti social people out perhaps more people would come forward and make statements ..

instead the scum that have no respect for anyone or anyone's property carry on acting like they do
#9
dog_cop
no the moral is if more people like your mate did what he did and the courts sorted these anti social people out perhaps more people would come forward and make statements ..

instead the scum that have no respect for anyone or anyone's property carry on acting like they do


Yip - bring back hanging that's what I say! :thumbsup:
#10
same thing happened to my OH they basically forced him to go to court on last friday and he missed work :x fair enough he gave a statement but making someone go to court is unfair they threatened to prosecute him as well if he didnt turn up, i got very worried cos the accused brothers had threatened another witness luckily the accused pleaded guilty on the day so OH didnt have to say anything in court.
#11
He can withdraw his statement I believe

However imo he needs to do the right thing and get these scumbags punished
#12
From the sounds of what people are saying, he's got to go or else.

But, to be fair, does he really have a good excuse not to go? If he went so far out of his way to report the guy causing the damage, why not follow it up and make sure he gets convicted?
#13
ask him if he saw the scumbags who threw the half eaten kebab in my garden last night.......it was a wed night ffs
#14
casparwhite
ask him if he saw the scumbags who threw the half eaten kebab in my garden last night.......it was a wed night ffs


Lol microwave it, its still edible :thumbsup:

(ignore, if you have already eaten it )
#15
numptyj
I was on jury service last week and the week before and they used statements as credible evidence, the judge said just because the person wasn't there does not mean u treat the evidence any differently. These cases did have other witnesses though. Maybe because your brother was the only witness they can't just use his written statement in court?


Yeah thats the issue here the accused has a right to a fair trial and part of that is a right to confront his accuser, which in this case is the guy that phoned the police. The courts are reluctant to allow written evidence solely on the basis the whole adversarial process is set up to test the reliability of witnesses in court
#16
If he's already gone to the trouble of reporting it, missing work etc, then he needs to finish what he started, if he doesn't why did he even bother in the first place? Good on him I say, shame more people don't stand up for what's right.
#17
Never grass imo !
#18
numptyj
I was on jury service last week and the week before and they used statements as credible evidence, the judge said just because the person wasn't there does not mean u treat the evidence any differently. These cases did have other witnesses though. Maybe because your brother was the only witness they can't just use his written statement in court?


cbryanp
Yeah thats the issue here the accused has a right to a fair trial and part of that is a right to confront his accuser, which in this case is the guy that phoned the police. The courts are reluctant to allow written evidence solely on the basis the whole adversarial process is set up to test the reliability of witnesses in court


Yeah the defence will want to cross-examine the witness for his version of events. Usually evidence can be agreed before the trial starts and the statements read out in court but that only usually applies to forensics/photographs/medical reports. If there's only the one civilian witness then they will most likely want him there to give his evidence. That's the law of the land unfortunately and it certainly does put a lot of people off phoning police etc as they don't want to get involved anymore - leaving the crims to run free and cause more havoc.
#19
You never know once the guy hears your brother is prepared to go to court, he might be advised to settle for a plea bargain in which case your brother won't have to give evidence at all

Post a Comment

You don't need an account to leave a comment. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!