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CPS Witness' not turning up to court.
If you had been victim of an assult and gone to the police, the person who perpitrated the assult had been arrested and charged, released on bail and then given a court date. The assult victim has given statements and there are also other witness' however the content of their statements in undetermind. What would happen if the victim didn't turn up at court? Would the case still be prosocuted as if they were there? If the victim retracted their statement would that throw the case out?? Any answers would be welcome. Thanks.
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I am a layman so this is guesswork but I think the least the victim would get would be wasting police time, why make a complaint if there was no offence.
However if the assult is substatiated by witness's(?) they may judge that some sort of interference had occured
and a charge of perverting the course of justice could follow.
However if the assult is substatiated by witness's(?) they may judge that some sort of interference had occured
and a charge of perverting the course of justice could follow.
Why would the victim think of retracting their statement, unless they had been further threatened, by the perpetrator whilst on bail. Again, the victim would need a witness to the further threat, in order to report it to the court, and it would then be an option for the court to withdraw the bail, and place the perpetrator on remand until the trial. This too is only a lay persons opinion. If the victim is in any doubt about their position, they need some good advice from a solicitor a.s.a.p.
There have been cases where there was no victim of assault but the police had evidence there had been an assault. (In once case, alll the 'victims' were consenting adults in sado-masochist games)
The case can go ahead without the victim if there is sufficient evidence to sustain the prosecution. It has happened many times in cases of domestic violence.
If the victim simply didn't turn up at court a subpoena could be issued which means he must turn up and give evidence or go to prison for contempt of court, or other suitable penalty.
The case can go ahead without the victim if there is sufficient evidence to sustain the prosecution. It has happened many times in cases of domestic violence.
If the victim simply didn't turn up at court a subpoena could be issued which means he must turn up and give evidence or go to prison for contempt of court, or other suitable penalty.
Firstly, the CPS would examine the evidence and see if there was a reasonable prospect of a conviction. If the evidence included that of the victim (which it almost certainly would) the victim would be required to give evidence in the event that the defendant pleaded not guilty.
If the victim did not turn up to give evidence on the day of the trial the prosecutor would have to consider whether he could continue without that evidence (This would be unlikely if he had been asked to attend). If not, he would seek an adjournment to allow the victim a second chance to attend. This is unlikely to be successful unless there is evidence to show that the victim had a good reason not to attend. The prosecutor would have to offer no evidence and the defendant would walk free.
It is most unlikely that a witness summons would be issued in these circumstances as a reluctant witness (especially a victim) is often less use than no witness at all.
It is also unlikely to result in a charge of wasting police time as the CPS have a policy of not prosecuting victims in such circumstances unless there are compelling reasons to do so.
If the victim did not turn up to give evidence on the day of the trial the prosecutor would have to consider whether he could continue without that evidence (This would be unlikely if he had been asked to attend). If not, he would seek an adjournment to allow the victim a second chance to attend. This is unlikely to be successful unless there is evidence to show that the victim had a good reason not to attend. The prosecutor would have to offer no evidence and the defendant would walk free.
It is most unlikely that a witness summons would be issued in these circumstances as a reluctant witness (especially a victim) is often less use than no witness at all.
It is also unlikely to result in a charge of wasting police time as the CPS have a policy of not prosecuting victims in such circumstances unless there are compelling reasons to do so.
i hit my daugter age 14,she told social work,no wittnesses,was questend and not charged,then three month later i foned social work and told two of them over the fone i did hit her,then before i knew it i got summons for court,but since then my daughter has told s.w that i didnt hit her and also gave statment to this affect to her own lawyer,now she has told me she wont turn up as wittness at court,she is now 15 and we live by scottish law,whts the worse that can happen to her if she doesnt appear on the court date
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