I've been citied to go to court as a witness, the court case has been put back three times already, it was meant to be September 2006 then November 2006 then February 2007. Now it's supposed to be set for April this year, problem is i've got a holiday booked for April and it's been booked for 6 months now. If the court date falls on my holiday date is there any way of getting out of going?
2007-02-28 07:05:59 · 20 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
You can write a letter to their lawyer and to the judge and explain your situation.
2007-02-28 07:17:20 · answer #1 · answered by ♥ Nikkee D ♥ 4 · 1⤊ 0⤋
(i'm assuming you are a witness for the prosecution)
Really you have an obligation/public duty to act as a witness. So few people have the guts or determination to 'do the right thing' that we the public cannot complain when so many cases are dropped due to witness failings.
You may want to look at the this link if you have not already.
http://www.homeoffice.gov.uk/justice/what-happens-at-court/being-a-witness/?version=1
There is a PDF link which appears broken but I would give the home office a ring, explain your problem and see what comes of it.
I suppose it depends on how serious you feel the offence is that will decide whether you miss a part of your holiday.
2007-02-28 18:15:11 · answer #2 · answered by newlb4u 3 · 0⤊ 0⤋
I assume you have been subpoenaed? If so, you could file a Motion stating that you will not be available during that time due to a previously scheduled trip ( put in details, how long you have had this planned, if you have tickets and they are non-refundable, etc) The court may accept it. Or you can ask the person that subpoenaed you if an affidavit drafted by you regarding what you would testify to would be accepted.
Of course, this all depends on what kind of case you are being called as a witness to.
2007-02-28 18:08:21 · answer #3 · answered by Jill R 3 · 0⤊ 0⤋
If you booked your holiday 6 months ago and have proof of this. Then your holiday will be honoured.
A witness care officer should have contacted you to take 'availability' which they pass to the CPS and when a court date is set...any prior commitments are taken into consideration
Have a nice holiday!
2007-03-01 14:44:29 · answer #4 · answered by lippz 4 · 2⤊ 0⤋
Hi... no, there's no way out. When you gave your statement there would have been an opportunity to advise of dates of non-availability. Unfortunately if you have not spoken to anyone since, and the holiday was booked after you last told the court/Police etc. of your non-availability, they will still ask you to attend. If you don't turn up, they could put the date back again, or they could end up arresting you for failing to attend.
2007-02-28 16:44:23 · answer #5 · answered by ragill_s1849 3 · 1⤊ 0⤋
IGNORE EVERYONE WHO SAID "NO"
It is the fault of whichever party is calling you to give evidence. They should have checked any inconvenient dates with you. Clearly the date has not yet been fixed, as you would have been notified. Let whoever is calling you as a witness know that you will be away on holiday between the relevant dates
2007-03-02 20:57:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Contact the Clerk of the court that you have been asked to attend and explain the circumstances and the history of the case , they may agree to asking for an adjournment or conversely complete you to appear it is largely down to the clerk in a Magistrates court and the judge in crown court
2007-03-01 08:26:05 · answer #7 · answered by The Fat Controller 5 · 1⤊ 0⤋
I don't think you can get out of this. You should probably just talk to an attorney about this but he will probably tell you that being in court is more important than a holiday.
2007-03-04 12:42:28 · answer #8 · answered by venus 1 · 0⤊ 0⤋
Yes, there should have been on your witness statement an area for you to put non available dates. you will need to contact your witness care unit and tell them that you have holiday booked and between what dates, they will inform the court and get the day that does not interfere with you holiday. but you will need to do that asap.
2007-02-28 15:19:27 · answer #9 · answered by sunnybums 3 · 3⤊ 0⤋
was the case set back three times because of you?
if not your fine, basically if its an important case no you wont be allowed to go,
but most of the time i think you can write a statement and they can read it out in court or something...im not sure, ring up and find out x
2007-02-28 15:18:06 · answer #10 · answered by shy1 2 · 0⤊ 0⤋
Make a sworn statement out of court to both the prosecutor and the defendant, and you should be OK.
2007-03-01 14:32:04 · answer #11 · answered by Kilroy 4 · 0⤊ 0⤋