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Summons To Appear
I have been summonsed to appear at the magistrates court to give evidence against my husband. He was charged with harassment without violence. He pleaded not guilty at his court appearence. I retracted my statement months ago ( since heard this was worse thing to do). I also informed the court I didn't want to appear now ive been summonsed. I don't want to give evidence at all but cant risk getting arrested as I have work. My husbands solicitor advised him to tell me to stay away and stay out of my house all day then it would be dropped but im not so sure.
Could anyone please help. Thanks in advance.
Could anyone please help. Thanks in advance.
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If you have received a witness summons to attend court you must attend. Here’s the legal bit:
If you fail to do so the court may, under certain circumstances, issue a warrant for your arrest and to bring you before the court at a time and place specified in the warrant.
If any person attending or brought before a magistrates’ court refuses without just excuse to be sworn or give evidence the court may commit him to custody until the expiration of such period not exceeding one month or until he sooner gives evidence. (Magistrates’ Court Act 1980, Section 97)
So you could end up inside for a month.
Now here’s the non-legal bit. When you do attend court and you do swear to tell the truth, the whole truth and nothing but the truth there is nothing to prevent you saying that you may have no recollection whatsoever of the events about which you are being questioned.
I assume this is a domestic violence incident. The CPS do all they can to bring such matters to court with or without the consent of the victim. This may include issuing witness summonses. However, the CPS is not in the business of prosecuting victims let alone having them committed to custody.
Your husband's solicitor's advice is not helpful (if indeed it is his advice you are hearing) and is unprofessional. My advice would be to attend as requested by the summons and to speak to the prosecutor on the day outlining your position. Your first contact at court on the day should be the witness support service. Speak to their representative initially, tell him or her your position and ask them to arrange for you to see the prosecutor before the court sits. If they still insist you eneter the court and you really do not want to give evidence (though you should think long and hard about this) then selective amnesia might be called for.
If you fail to do so the court may, under certain circumstances, issue a warrant for your arrest and to bring you before the court at a time and place specified in the warrant.
If any person attending or brought before a magistrates’ court refuses without just excuse to be sworn or give evidence the court may commit him to custody until the expiration of such period not exceeding one month or until he sooner gives evidence. (Magistrates’ Court Act 1980, Section 97)
So you could end up inside for a month.
Now here’s the non-legal bit. When you do attend court and you do swear to tell the truth, the whole truth and nothing but the truth there is nothing to prevent you saying that you may have no recollection whatsoever of the events about which you are being questioned.
I assume this is a domestic violence incident. The CPS do all they can to bring such matters to court with or without the consent of the victim. This may include issuing witness summonses. However, the CPS is not in the business of prosecuting victims let alone having them committed to custody.
Your husband's solicitor's advice is not helpful (if indeed it is his advice you are hearing) and is unprofessional. My advice would be to attend as requested by the summons and to speak to the prosecutor on the day outlining your position. Your first contact at court on the day should be the witness support service. Speak to their representative initially, tell him or her your position and ask them to arrange for you to see the prosecutor before the court sits. If they still insist you eneter the court and you really do not want to give evidence (though you should think long and hard about this) then selective amnesia might be called for.
No solicitor would advise their client to tell the prosecution witness not to attend. That is a blatant lie by your husband. The solicitor would be committing a criminal offence; interfering with witnesses, doing acts tending to pervert the course of public justice, and would be struck off, stopped from practice, apart from any criminal prosecution.
NJ hints at selective forgetfulness. Did you make a statement for the police and prosecution? I think so. If a witness is suddenly not remembering like that, they can a) be showed the statement they made at the time, to refresh their memory or b)be treated as hostile and cross-examined. They will be shown their statement and asked about it. Is it true? When were you first aware that you couldn't remember anything? Or is it not true, in which case why did you lie when making it ? So selective amnesia about the very events which caused the case to be in court is not necessarily a pleasant route out.
NJ hints at selective forgetfulness. Did you make a statement for the police and prosecution? I think so. If a witness is suddenly not remembering like that, they can a) be showed the statement they made at the time, to refresh their memory or b)be treated as hostile and cross-examined. They will be shown their statement and asked about it. Is it true? When were you first aware that you couldn't remember anything? Or is it not true, in which case why did you lie when making it ? So selective amnesia about the very events which caused the case to be in court is not necessarily a pleasant route out.
Thank you all for your help/comments. I really don't know what to do. I did make the statements but then I panicked that he would be sent to prison and no matter how much I wanted that at that time my kids would never forgive me hence retracting. He is a good dad and id never stop him seeing them, I just wanted him to leave me alone. I know I've brought this all on myself but I am really worrid now I lose lose either way. I put up with the harassment then backed down for an easier life. Now I face getting into trouble myself. I'm scared and don't know what to do. Think I will probably end up in prison myself all because of what my husband started.
If I were to attend and say yes they were true but I don't want to take it any further what would happen to him. He truly believed he was trying to save his marriage. (He is due to be have a psychiatric assessment although not connected to the case) I know it will never end because of my kids. Thanks again everyone.
If I were to attend and say yes they were true but I don't want to take it any further what would happen to him. He truly believed he was trying to save his marriage. (He is due to be have a psychiatric assessment although not connected to the case) I know it will never end because of my kids. Thanks again everyone.
crazydee, he's not going to be sent to jail. He has not inflicted grievous bodily harm or anything like that. The point of the hearing is to tell him that he cannot go on harassing you and making your life a misery. You want him to stop that don't you? What else do you want ? If you don't go on, he'll get the message that he has total control over you; he's trying that already with his ridiculous lie that his solicitor advised that he should tell you not to turn up (the biggest load of rubbish I have heard in some while, but typical of controlling behaviour). And then he'll go on just as before or, and this is quite likely in such cases, get worse. How else are you going to escape this misery? The point is that getting the court involved early can stop him in his tracks and avoid things getting worse.
Not going to court or trying to avoid saying anything is very likely to make things worse for your husband. The court will assume that he has scared you into dropping the case, this is VERY common in this type of case.
A high % of women withdraw a statement in a domestic violence case so the court WILL proceed with the case with or without you. It is far better to go and tell the truth, your husband is NOT going to go to jail for a case like this. The most likely out come that is given a warning by the court that he has to change and behave correctly towards you. If he does continue to harass you then you can report this to the police and get him arrested. But hopefully he has learned his lesson and will change for the better.
A high % of women withdraw a statement in a domestic violence case so the court WILL proceed with the case with or without you. It is far better to go and tell the truth, your husband is NOT going to go to jail for a case like this. The most likely out come that is given a warning by the court that he has to change and behave correctly towards you. If he does continue to harass you then you can report this to the police and get him arrested. But hopefully he has learned his lesson and will change for the better.
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