witness summons

[wandering]

I've been summonsed to give a witness deposition against a friend. I understand that I must attend, but what happens if I refuse to give evidence against her?

[NORMANTHEDOG]

in what type of court and what is the charge,maybe someone will know if we have that info

[StudentGal]

I think you coul dbe held in contempt of court but I'm not sure

[wandering]

The hearing for deposition is in a magistrate's court. I was asked to give a statement for the prosecution and declined, and have since been summonsed to give a statement in court. The charge is assault occasioning ABH on me, I don't want the charges to be brought

[StudentGal]

Silly question maybe but you have told the police you want to drop the charges haven't you?

[wandering]

I didn't ever ask them to press charges in the first place, and I've made it very clear I didn't want them to proceed. However someone else made a statement saying that I'd told them that this person hit me and they pressed charges on that basis

[StudentGal]

I may have this wrong but I was always under the impression that it is up to the person whom the offence was against to press charges or not. Get in contact with your officer in case and have a stern word

[Wonderous]

Sorry Studentgal, you are wrong I'm afraid. Although a complainant can inform the police that they no longer wish to pursue the complaint, it is actually up to the CPS whether or not they wish to prceed with a prosection. The CPS have a set of guidelines which they must follow which include deciding whether it is in the public interest to pursue the matter and the likelihood of conviction.

If the CPS are continuing with the case despite you informing the police you no longer wish to proceed then they must feel that they have a good chance of a conviction or that the offence is serious enough that it is in the public interest to continue (say for public safety for example).

If the OP does not attend court then as a witness summons has been served then they can be arrested and taken to court by force. If they fail to give evidence whilst at court then they can be held in contempt of court and, if necessary, ultimately imprisoned for that offence.

[wandering]

So if I don't answer the questions, I could be arrested?

[Ethel]

Yes. You could be imprisoned.

Did you sustain any injury?

[Ethel]

StudentGal may find the law students' favourite case of R v Brown interesting. :)

http://www.seangabb.co.uk/freelife/flhtm/fl18s ado.htm

[joko]

just go and answer 'can't remember' to all the questions.

theres not much they can do

[StudentGal]

Thanks Ethel, I really never knew that :)

[wandering]

Thanks for all that. Could anyone tell me what a deposition actually involves?