the witness is on holiday,the offence towards them has been resolved....but the police insist on taking it further as it benefits them
Thanks in advance
2006-12-26 19:36:52 · 14 answers · asked by ? 6 in Politics & Government ➔ Law Enforcement & Police
and should the witness inform the court that they wont be attending?
2006-12-26 19:40:32 · update #1
the witness is a 15 year old kid
2006-12-26 19:41:38 · update #2
If the witness in the case is the victim, they can do what is called a CDto P (Complainant declines to prosecute) this doesn't automatically mean the case will not go to court, as if its in the public interest to prosecute then the CPS will take it into court.
If the witness is just that, a witness then as such you CAN'T make a CDto P.
If you are called as a witness to attend court (regardless of age), then it has to be a VERY good reason as to why you can't attend.
The court and CPS are within their rights to ask, if you have booked a holiday, when the holiday was booked and request proof. If the holiday was booked AFTER the witness warning was sent, then they could insist that the witness attends court!
On any court warning will be the name and telephone number of the witness care officer dealing with all witness problems, you need to speak with them asap, as they may be able to get a statement agreed, which means attendance will not be required and the statement will be read in court.
If on the other hand the witness is material to the case or the defence insist on their attendance then you will HAVE to attend.
Unused prosecution witnesses can also be tended to the defence.
If you are warned for court and refuse to attend, a witness summons can be served, and if you fail to attend after a summons is issued you are liable for an arrest warrant to be issued and to be brought before the courts for contempt should the court feel this necessary. (I must add I have never known of an arrest warrant for a child being issued for failure to respond to a court warning or summons...but recently had 3 middle aged women locked up for 8 weeks each for contempt!)
As for the 'benefits' for the police... generally speaking, a benefit to the police benefits the general populace and means the removal of a persistant offender from society.
As an after thought, I would like to add, the courts are there to serve the people, and when a crime is reported, if the police did nothing, the prosecution did nothing and the courts did nothing, then the people would be up in arms...as an earlier respondent commented.. No Witness...No Justice!!
2006-12-26 22:11:49 · answer #1 · answered by lippz 4 · 1⤊ 1⤋
Not turning up is really not clever. The judge/police etc won't just shrug and say 'oh well'.
Once ordered to appear in court it's a criminal offense not to show up.
You don't say whether this is magistrates court or county/crown court, or whether the witness is also a victim of the crime, but either way saying 'Sorry, we're on holiday' is really going to annoy everyone. If it's an important case the parents may even be arrested when they return from holiday.
If the holiday is the genuine reason for not showing up the witness/family have to postpone the holiday and accept the situation. If the holiday is a weak attempt at creating an excuse because the witness doesn't want to stand up in court the parents need to talk to the legal team they are witnessing for very quickly.
2006-12-26 20:44:32 · answer #2 · answered by salvationcity 4 · 2⤊ 1⤋
In the UK Alice,
the witness is asked if there are ANY dates at all that the person will not be available for court appearance. Once noted down the person must stick to those dates.
Not turning up for a court appearance can and will be seen as Contempt of Court and the person can be prosecuted. The person MUST turn up.
2006-12-26 19:39:57 · answer #3 · answered by The Alchemist 4 · 1⤊ 1⤋
well the witness can always be subpoena to court to find out if they were at all threaten as to results why they didn't show up for court but it sounds like the police do want it to go forward gl
2006-12-26 19:42:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The decide orders an arrest for you, you're able to charm as quickly as you're in courtroom. in case you neglected already i could pass in refer to them and paintings something out, and in case you have no longer neglected yet thinking of lacking basically happen and say you're biased.
2016-11-23 19:11:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The judge can hold them in contempt of court. If you are scared to talk, you can always recant your story, but you have to make an appearence in court when called to testify.
2006-12-26 22:57:56 · answer #6 · answered by WC 7 · 0⤊ 0⤋
as a witness you have already been issued the supeona. so they must show up...otherwise, contempt of court, which will lead to a bench warrant put on that person...
2006-12-26 19:46:49 · answer #7 · answered by dragon 3 · 1⤊ 0⤋
Nothing. In my country, Rs. 100 fine and end of story.
2006-12-26 19:47:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no witness, no case. assuming they are the only evidence the prosecution has
2006-12-26 19:38:15 · answer #9 · answered by Anonymous · 1⤊ 1⤋
if the withness doesnt show up theres no case. xj
2006-12-26 19:39:53 · answer #10 · answered by ❤נαcкiε❤ 5 · 0⤊ 0⤋