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with drawing a statement

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windmill1234 | 07:22 Mon 05th Nov 2007 | Criminal
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hi my wife made a statement agaisnt a friend who got his self into trouble. A week before the court date she with draw her statement and now the police have told her that she is going to be arrested and takend to court to be a witness can they do this she is worried that her and my mate is going to turn violent against us and we have 3 kids to worry about
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Has your wife recieved a court summons? If so then yes she can be arrested and transported to court to appear as a witness.
In any legal case somebody can be ordered ( subpoened ) to attend court as a witness for the prosecution. They then of course must answer all questions truthfully or be held in contempt of court.
It follows therefore that even if the statement has been withdrawn the public prosecutor can formulate his questions around the facts as already contained in your wife's statement.
It is probably best to go and see the prosecutor/police and inform them that you fear reprisals.
Not quite so, dassie. If a witness withdraws his/her statement, no mention of any information gained from that withdrawn statement can be made in court.
Not so New Judge
s116 (2) (a) CJA covers the situation where a witness does not come to court and give evidence through fear.

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