circuit court question

Panthro

Hope this doesn't breach the no advise rules, if so please delete.

Few months back I was the victim of a crime, was assaulted and had my car and phone stolen. They caught the people that did it pretty sharpish.
I got a call to say that the case will be heard in the Circuit Court.

I have zero idea about this kind of stuff, do I need to get a lawyer/solicitor or it one provided?

Santa Cruz

No. You are a witness for the prosecution. The State will provide a barrister and solicitor to prosecute the case. Depending on the seriousness of the case e.g injuries received or defendant exercising a right to a jury trial the case could go anyway. The District Court Judge may not have accepted jurisdiction because there were serious injuries to you, the DPP might not consent to a District Court case either.
If the evidence is strong the accused might plead guilty because if you plead not guilty and are then found guilty you can get a good sentence for wasting the court's time

coylemj

Panthro wrote: »

Hope this doesn't breach the no advise rules, if so please delete.

Few months back I was the victim of a crime, was assaulted and had my car and phone stolen. They caught the people that did it pretty sharpish.
I got a call to say that the case will be heard in the Circuit Court.

I have zero idea about this kind of stuff, do I need to get a lawyer/solicitor or it one provided?

No, you will be called as a witness and if the accused pleads not guilty and there is a trial, you will be put in the witness box at some stage to tell your version of what happened. You do not need any kind of legal representation, just show up and wait to be called.

Panthro

Thanks for the reply folks, very helpful.
One last question, I'm planning on going back and forth to the UK in search of work, what happens if I get called to give evidence and I'm in the UK?

Santa Cruz

Panthro wrote: »

Thanks for the reply folks, very helpful.
One last question, I'm planning on going back and forth to the UK in search of work, what happens if I get called to give evidence and I'm in the UK?

If you take up full time employment (or indeed part time employment) in the UK be sure to notify the Garda in charge of the case of your contact details. At some point you will be served with a Witness summons. The State is liable for your travel and accommodation expenses (receipted of course) but these will not be paid in advance

Panthro

thats great, cheers for all the info folks.

Panthro

OK folks so I've been summoned to give evidence in the circuit criminal court for the incident.
Can I give an affidavit?
I've googled the two names on the sheet and let's just say I don't want to appear in front of them! (Sweet Jesus! )

Pat Mustard

Panthro wrote: »

OK folks so I've been summoned to give evidence in the circuit criminal court for the incident.
Can I give an affidavit?

If the State was to attempt to give an affidavit of your evidence, the defence would object to it, and very likely get it kicked out.

So I would think that the State will to ask you to attend.

Talk to the guards if there is an issue.

By the way, see here in relation to out of pocket expenses arising out of the crime itself. I know that it was a few months ago and there is a time limit on applications, but you could ask whether a late application could be entertained.

Pro Hoc Vice

Evidence will have to be given in person in court under oath or affirmation. It's not as stressful as it sounds. Contact the garda and they can put your mind at ease.

Panthro

So is there any way round me having to sit in and give evidence?
Seriously anxious even thinking about it.
I had to give a five minute presentation in college a few months back, and the nerves completely got the better of me. Walked out and didn't do it.
The thoughts of having to sit in and say what happened, then be questioned has me feeling fierce anxious tbh.

Little CuChulainn

Panthro wrote: »

So is there any way round me having to sit in and give evidence?
Seriously anxious even thinking about it.
I had to give a five minute presentation in college a few months back, and the nerves completely got the better of me. Walked out and didn't do it.
The thoughts of having to sit in and say what happened, then be questioned has me feeling fierce anxious tbh.

Just focus on the judge. Direct your answers to him/her and if you have difficulty understanding or answering a question inform him/her. You don't have to look at the court, the accused or anyone but the judge.

horsebox7

For anybody giving evidence I would advise that you not only tell the truth but also have evidence to back up what you are saying. The prosecution will always attempt to poke holes in your evidence wherever they can. Just make sure whatever you say you have the evidence and also anticipate what the prosecution might say and have evidence to cast doubt on their argument. Doing a little bit of homework before you give evidence can go a long way. Best of luck

Little CuChulainn

horsebox7 wrote: »

For anybody giving evidence I would advise that you not only tell the truth but also have evidence to back up what you are saying. The prosecution will always attempt to poke holes in your evidence wherever they can. Just make sure whatever you say you have the evidence and also anticipate what the prosecution might say and have evidence to cast doubt on their argument. Doing a little bit of homework before you give evidence can go a long way. Best of luck

I doubt the prosecution will try trip up their own witness.

coylemj

horsebox7 wrote: »

For anybody giving evidence I would advise that you not only tell the truth but also have evidence to back up what you are saying.

Did you even read this thread? The only 'evidence' the OP has is his recollection of the events......

Panthro wrote: »

Few months back I was the victim of a crime, was assaulted and had my car and phone stolen.

Panthro

Thanks for all the replies folks.
So who will be cross examining me, I take it its the defence for the two who robbed me and my car?
Can't see what kind of questions they plan on pulling me up on, they were caught red handed!
They did impersonate cops though, guess they'll ask me about that.

coylemj

If they were caught red-handed then there is a fair chance that they will plead guilty in order to get a reduced sentence in which case you will not be called to give evidence. The prosecution and defence teams will each have a copy of the book of evidence which contains among other things a copy of the statement you gave to the Gardai, it might be a good idea to meet the Garda before the court and have a quick scan over the statement because if/when the prosecution calls you to give evidence, they will be expecting you to tell the same story as you outlined in that statement.

Panthro

Can I get a copy of my statement at any time from the guards?
(Apologies for all the questions, all very new to me)

coylemj

Yes, ask the Garda who took the statement from you.

Panthro

Excellent thanks for that

Jawgap

Best advice is to answer the questions you are asked (pointed, short answers are better than long rambling ones, especially on cross-examination) - and if you can't remember something or you don't know something just say "I can't remember" or "I don't know." Also, take your time and address the judge even if when the questions are from the lawyers.

Too many witnesses are afraid to admit not remembering things etc and it sounds much worse when they try to improvise and / or twist themselves inside out to avoid agreeing with the lawyer cross-examining them.

Good luck - hopefully they're gambling you or the Guard won't show up and when you do they'll cop a plea and spare everyone the rigours of a trial.