can the police force you to atend crown court if you do not want to?

Question

my girlfriend is from slovakia she has to go to crown court to give everdence as a witness on an asult against her she does not want to go although she did receve an ingury can any one help us as the police say she will be arested if she does not go

Answer 1

If your girlfriend is the complainant she can do a CDtoP (Complainant Declines to Prosecute). However, if the CPS lawyers see it in the public interest to prosecute, either because the defendant has previous convictions for similar offences, or that there is a racially motivated reason...then your girlfriend, although she has declined can be summoned to appear before the court.
Once in court, she can say she can't remember the facts etc...but she must not lie or she can be taken to the cells for perjury.
If she fails to attend court after a summons is served...she is liable to be arrested.
Your girlfriend would be guaranteed an interpreter, and special measures could be requested for her to give evidence either behind screens or perhaps if the assault was particularly vicious Via a live video link.

Answer 2

It is not the Police that force anyone to go to court. The judge holds a lot of power and can ultimiately order you to attend their court. They can summons you. If you fail to attend then, they can issue a warrant for your arrest.

She can withdraw the complaint but they can still use the evidence. If she says she lied in her statement to get away without giving evidence, she will be in BIG DO DO, perjury, perverting course of justice etc.

There really is nothing to worry about, there are the witness service and the Victim support scheme to take her through every step and show her around and talk her through it. If she needs an interpreter she will get one. She will be safe in court!!

Your girlfirend has obviously made a complaint of assault. Why has she chosen to change her mind now after so much time and money has been spent getting it to court! She should go!

Answer 3

I'm sorry but where is her CPS Witness Support Officer in this?

They should be advising her and supporting her through all this. They can answer any questions that she has.

It sounds like the police are being pretty unsympathetic! She can be arrested and forced to attend but there's lots of support for her that should have been offered.

You should also be in contact with Victim Support. They are a fantastic organisation that will offer all sorts of help and advice for free.

I've added some links that should be helpful.
But really you should think about why she doesn't want to go and address these issues with Victim Support or her Witness Care Officer.
Good Luck!

Answer 4

If she really doesn't want to attend then the best thing to do is to start to be "unsure" about her evidence then the Crown Prosecutors will probably drop the case due to lack of evidence.
If they did procede then the court can force you to attend and she
must tell the truth or potentially face criminal charges herself.
It is also important that she doesn't say that nothing happened because she would be charged with wasting police time. She just needs to be more vague about her evidence and especially about who the suspects might be. Hope this helps and
that she has recovered.

Answer 5

I am not certain about this but I think the logic is that if someone has pressed charges leading to a prosecution, then it must be seen that the defendant has the opportunity for the plaintiff to be cross examined in court. It is the defendants right, so as to speak. This is why attendance is obligatory.

Answer 6

solicitor, solicitor, solicitor...... but however if she really does not want to give evidence about something she witnessed then unfortunately that is called withholding evidence..... it is unfortunately a criminal charge sorry but she has to testify and theres no easy way out........ unless she pleads insanity .... yes this may seem insane but there is a way around every system.... to plead insanity she will have to sign in to the "local nut house " for a minimum of 3 months and then she is safe....... ( is this case sooooo bad ?) if she is in some-kind of physical harm from the detainee then perhaps she is scared or in fear of her life then she should stand TALL or hide away...... ignorance is no excuse to the law and the ignorant have no excuse to the law...... but there are circumstances where the whiteness is too scared of the detainee and his contacts that she cannot hide from (unfortunately) so try a plead of INSANITY

Answer 7

Here in the US, one does not have to attend court as @ witness against the suspect. Dont know the laws in other countries.
ALOT of people do not know their constitutional rights here iin the US. For those who dont know, ignorance is not an excuse of the law.

Answer 8

Yes she can be forced to go to court.

As a victim, I would have thought she would want to do her duty and see her attacker/s brought to justice. If she is not prepared to go to court then perhaps she should not have made a complaint in the first place.

Answer 9

She is a materiel witness and a warrant for her arrest will be issued if she fails to attend the court date.

Answer 10

YES YES, any Court can compell a witness to appear and testify.

THEY GOT THE POWER