Witnesses

Sully

Iv always wondered how the whole witness scheme worked. Just three examples;

1) Lets say two weeks ago I saw someone who was presumed dead, body not found but a suspect charged with murder. I gave a statement to the Guards stating such. When a trial appeared for someone being charged, the defence forced me onto the stand as I originally refused to go and comment on my statement.

2) I was a witness to a work place accident where somebody either received minor or major injuries to his body. The person who it happened to called me as a witness and I was summonsed to come.

3) I was a witness to a car crash where damage was done to a car. Gave no statement to the guards but gave my number to the owner of the damaged car. Refused to go to court, so was summonsed.

In such cases -is it really fair to force someone to court, who may not want to? Maybe so in the first one but for minor offences - isn't it a bit over the top? If so, should I not be compensated for the loss of earnings if I was working? If I wasn't working, am I entitled to any compensation?

In addition to all of the above - how is someone who was intimidated allowed not give evidence in court, but someone who refuses point blank allowed? Do intimidation protection cover minor court cases or only major? The above is my understanding of how things work, but I could be entirely wrong so forgive me if so Thankfully, this has never happened to me. Though usually I avoid giving statements unless I feel strongly that I should.

karlog

The law is crazy as dirty harry quotes

Our man in Havana

If you are summonsed you must attend. If you act the bollox on the stand you can be treated as a hostile witness and/or be held in contempt.

It happened to me once where I had to appear at a coroners court. The problem was if I had attended voluntarily I would not be paid for the day or get any expenses. If I was summonsed I would get paid and get my expenses. Also my work would not release me without a summons. So I told them I would not go unless summonsed. So they did send me a summons. All were happy.

Sully

Thats interesting. Why summonse someone if they dont want to attend, especially minor cases? How did they know how much to pay you? Did you get any initial expenses covered (ie just getting there then the rest later)? Who pays - the state or the firm?

Our man in Havana

I had to take a days holidays to attend, So I sent them a letter from the boss showing my pay for the day. The expenses were based on mileage and were paid at the civil service rate. I did not get my expenses for about 2 months after the court date. The State paid it all.

Carawaystick

Is it not intimidation to threaten a witness with a punishment unless they do what they're told....
the threat of jail for refusing a summons seems to be....