Not appearing in court

Oral Slang

Can anyone advise on the legal stance on not appearing in court if you've been summoned?
If you're the victim of a crime but are in fear of repercussions and the DPP are taking a case, can you get out of it at all, or do you have to appear? Can you retract your statement or are you then just seen as a hostile witness?
Also, can you refuse to give a victim impact statement?

Thanks!

A warrant for your arrest can be issued by the court if a witness summons has been served correctly on you.
When you are brought before the court unwillingly then you can be treated as a hostile witness.

Peregrinus

bubblypop wrote: »

A warrant for your arrest can be issued by the court if a witness summons has been served correctly on you.
When you are brought before the court unwillingly then you can be treated as a hostile witness.

Or, if you turn up voluntarily but then give evidence which contradicts what you previously said in your statement, you can be treated as a hostile witness.

Being "treated as a hostile witness" means that the prosecution (who normally cannot cross-examine their own witnesses) can cross-examine you, pointing out what you previously said in your statement and suggesting that the evidence you are now giving is false.

And, to the OP, yes, you can decline to give a victim impact statement.

goz83

But also ask yourself how many more victims will it take for someone to be a proper witness in court.

Oral Slang

Thanks a million for the response.

goz83 wrote: »

But also ask yourself how many more victims will it take for someone to be a proper witness in court.

That's all very well for people to say, but when you've got a young family, you need to think of their welfare too and weigh up whether it's worth it, especially the types of small sentences people get in this country.

Peregrinus

Obviously, if you refuse to give relevant evidence that might convict him or that might illustrate the seriousness of his crime, you can't them complain about low sentences. You would be part of the problem, wouldn't you? I don't think you can walk away from your responsibility here, and then complain that the court system doesn't protect people.

goz83

Oral Slang wrote: »

Thanks a million for the response.



That's all very well for people to say, but when you've got a young family, you need to think of their welfare too and weigh up whether it's worth it, especially the types of small sentences people get in this country.

I won't pretend to know your predicament, because I don't. But if we all failed to stand up and do the right thing, then there would be very few dangerous people serving time and violent crimes would be much more common. It takes courage to do the right thing. Maybe you have it, maybe you don't. If you do, then a sentence may be handed down to the accused. If you don't, the accused may be walking free to line up a few more victims before someone finally stands up and speaks about it.

But sure the important thing is that you think of your safety and those close to you. Just know that becoming a hostile witness will likely result in others becoming victims of crime. There is no burying your head in the sand on that one.