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Witness statements

  • 29-01-2013 7:13pm
    #1
    newmug
    Banned (with Prison Access) Posts: 3,571 ✭✭✭


    Lets just say, hypothethically, that you saw someone breaking into a shop. Then lets say you rang the Gardai, and they caught him. I have 3 questions:
    1. Can the Gardai force you to go to court as a witness, seeing as you rang in the crime?
    2. Can you be forced to go to court if you give a witness statement?
    3. If you agreed to give a witness statement, but change your mind before you give it, can you be forced to give one, or be forced to appear in court to as a witness?


Comments

  • #2
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    newmug wrote: »
    Lets just say, hypothethically, that you saw someone breaking into a shop. Then lets say you rang the Gardai, and they caught him. I have 3 questions:
    1. Can the Gardai force you to go to court as a witness, seeing as you rang in the crime?
    2. Can you be forced to go to court if you give a witness statement?
    3. If you agreed to give a witness statement, but change your mind before you give it, can you be forced to give one, or be forced to appear in court to as a witness?

    You cannot be compelled to make any statement in writing but you may be summonsed to court as a witness.


  • #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Hypothetically why would anyone not want to go to court and make sure criminals are dealt with?


  • #4
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Procrastastudy wrote: »
    Hypothetically why would anyone not want to go to court and make sure criminals are dealt with?

    If they were likely to walk out of court as most criminals in Ireland are, then likely to proceed to burn your house down.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Procrastastudy wrote: »
    Hypothetically why would anyone not want to go to court and make sure criminals are dealt with?


    Many reasons, the witness is the partner of the criminal (domestic violence) the witness is a friend (they fell out but friends again) the witness is a family member, the witness has just discovered who the Defendant IS, the witness has been in trouble himself.


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Nino Brown wrote: »
    If they were likely to walk out of court as most criminals in Ireland are, then likely to proceed to burn your house down.

    When they do would it be best that none of the witnesses come forward to make sure that person is punished. Given over 90% of criminals on the Dublin circuit plead guilty I'm not sure how even if the entire 10% pleading not guilty get off how 10% constitutes a majority?


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  • #7
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Procrastastudy wrote: »
    When they do would it be best that none of the witnesses come forward to make sure that person is punished. Given over 90% of criminals on the Dublin circuit plead guilty I'm not sure how even if the entire 10% pleading not guilty get off how 10% constitutes a majority?

    I didn't say they wouldn't be found guilty, I said they'd walk out of court, maybe with a fine or suspended sentence. How many of that 90% that plead guilty get locked up? I'd say a very small percentage.


  • #8
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Nino Brown wrote: »
    I didn't say they wouldn't be found guilty, I said they'd walk out of court, maybe with a fine or suspended sentence. How many of that 90% that plead guilty get locked up? I'd say a very small percentage.

    Oh I see sorry. Would your contention be; where there are longer sentences, witnesses less likely to come forward and, I'm assuming here but, lax gun control laws so we can all defend ourselves it's a better safer system with less crime and lower recidivism?


  • #9
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Procrastastudy wrote: »
    Oh I see sorry. Would your contention be; where there are longer sentences, witnesses less likely to come forward and, I'm assuming here but, lax gun control laws so we can all defend ourselves it's a better safer system with less crime and lower recidivism?

    I'm saying if criminals were actually punished, then yes witnesses would be more likely to come forward.
    When rapists and thieves are walking free from court, then why would anybody be a witness?


  • #10
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Nino Brown wrote: »
    I'm saying if criminals were actually punished, then yes witnesses would be more likely to come forward.

    Actually that point I take, I don't fully agree with the premise that criminal aren't punished in Ireland but that's a different thread in all honesty.
    Nino Brown wrote: »
    When rapists and thieves are walking free from court, then why would anybody be a witness?

    Because sentencing isn't the entire system nor are the sentences for rape you describe typical. But again I can see where you're coming from and honestly that hadn't occurred to me before.


  • #11
    trad
    Closed Accounts Posts: 2,696 ✭✭✭trad


    Hostile witness?


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  • #12
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Nino Brown wrote: »
    If they were likely to walk out of court as most criminals in Ireland are, then likely to proceed to burn your house down.

    Likely to burn down your house? Do you think this actually happens?


  • #13
    newmug
    Banned (with Prison Access) Posts: 3,571 ✭✭✭newmug


    MagicSean wrote: »
    Likely to burn down your house? Do you think this actually happens?


    Maybe not, but if it turned out that the perpetrator lived in your estate, and him and his family were complete and utter scumbags, I can assure you life would get a whole lot worse for you.


  • #14
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    MagicSean wrote: »
    Likely to burn down your house? Do you think this actually happens?

    It has happened before, but maybe not regularly.
    http://www.irishexaminer.com/ireland/kfgbcwojkfid/rss2/

    But broken windows, damaged cars and constant threats are a very real, and very regular occurrence in those situations. In general they are things that will make your life miserable, but are not significant enough for the under resourced Gardai to be bothered investigating.


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