there will be loads of other witnesses from other houses & i didn't see anything. Legally do i have to attend?
2007-06-13 01:09:45 · 20 answers · asked by five135john 1 in Politics & Government ➔ Law Enforcement & Police
I think you have to contact the police/court and advise them you will be unable to atend.
2007-06-13 01:13:29 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If it was at your house, even though you didn't see anything you will need to attend and say that the offence was at your address, you didn't give the offender permission to be there etc etc etc.
If you dont go there is every chance that the CPS will offer no evidence because the victim is not present and the case will be dropped, there is also the chance that the judge could issue a warrant for your arrest to explain to them why you didnt bother going to court and you could be fined or imprisioned for contemp of court.
The best thing you can do is to contact the CPS prosecutor (the police will have contact details) and ask for an adjournment because you have a pre-booked holiday. That shoudln't be a problem, although chase it up becase the CPS are generally rubbish at simple requestes.
2007-06-13 20:25:18 · answer #2 · answered by rick_wenham 2 · 1⤊ 0⤋
The police should have asked you for "dates to avoid" when you couldn't attend the hearing. In fact, it's a real headache fixing trials in summer because of everybody going off on holiday. If you have been summoned to attend court, then you will be expected to show up unless excused, which means getting in touch with the officer in the case now. It might be worth asking if your evidence needs to be live. If you were burgled while away from the premises, there mightn't be all that much you can say on the matter and perhaps the defence would not see any point in cross examining you. It might be acceptable for your evidence to be read out to the court in the form of a section 9 statement.
2007-06-13 07:47:11 · answer #3 · answered by Doethineb 7 · 1⤊ 0⤋
If you've received a witness summons, DON'T just ignore it. That could get you in serious trouble with the court.
Technically, you are required to give your evidence in court, which will probably just be that it was your house and that you had not given the defendant permission to be there. The defendant's lawyer must be allowed to question you, tho' I doubt in practise that he will.
Contact the officer dealing with the case, he'll be able to consult the prosecution and quite possibly the prosecution and defence will agree just to accept your written statement. It's standard practice to call everyone involved in a case, whether they actually take the stand or not is another matter.
2007-06-14 00:02:43 · answer #4 · answered by champer 7 · 0⤊ 0⤋
The simple answer is yes. If you only gave a statement as a complainant and didn't witness anything it may well be that all witnesses (which you technically are) have been warned but unlikely to be called to give evidence .Contact the officer in the case he will be likely able to contact the prosecutor and assist you.
2007-06-13 05:06:30 · answer #5 · answered by frankturk50 6 · 0⤊ 0⤋
They only really need witnesses if they will require them to give evidence, or if the evidence they can give is crucial to the defence.
But often they send witness court warnings to all witnesses and never tell them if they are really needed.
Give witness care a call and get the to speak to the prosecution and defence and they will tell you if they really need you.
If you are the victim and you dont attend very often the court will drop the case completely.
but if you let them know in plenty of time they will be able to sort something out.
2007-06-13 05:04:11 · answer #6 · answered by the mofo 4 · 0⤊ 0⤋
you will have to let the court know, as i am a witness in a court case, but when the case is due in court, i am away. the court was prepared to take a written statement from me, but i have been warned, i might get called after my holidays, if they is anything, there not too sure about etc
2007-06-14 05:34:54 · answer #7 · answered by JOHN F 3 · 0⤊ 0⤋
Yes. Otherwise you will be charged by the police and find yourself in the dock. Worse, you could be held in contempt.
You are vital as a witness, especially since the police probably desperately want a conviction.
2007-06-14 03:11:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Speak to the officer dealing with the case or the cps. They'll get an adjournment.
2007-06-13 01:26:35 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Legally you do, it was your house of course, but the prosecution may serve your witness statement on the defence.
2007-06-13 03:09:09 · answer #10 · answered by des c 4 · 0⤊ 1⤋
If it's your house, yes. Best plan the holiday for another time or see if the court appearance can be changed for when you return. Contact the courts.
2007-06-13 01:14:06 · answer #11 · answered by KittyKat 6 · 0⤊ 2⤋