going to court

[dizzle1234]

i am due to go to court to give evedence for common assault, i was the victom of it an it was my boyfriend that did it, he has pleaded not guilty to battery
i am really scaired an worryed as it is a terrifying thort of being there can any one give me a run thruw of wat mite happen or how long i will be there for ?

[New Judge]

At each court there is a member of the Witness Support Service who will guide you through the day and generally give you a shoulder to lean on.

They should greet you when you arrive, show you into the courtroom (before the court session begins) and explain the court process to you. You will then be taken to the witness waiting room. The prosecutor should visit you before the trial begins and give you a copy of your statement to refresh your memory. Any other prosecution witnesses will also be with you, together with any police officers involved. At least one will be there as the �Officer in the Case�.

Assuming the defendant maintains his not guilty plea, witnesses will be called to give their evidence in the order of the prosecutor�s choosing. (n cases such as yours it is usually the victim who gives evidence first).

After giving your evidence you will almost certainly be �released� by the court. This means that you can leave the building, or watch the rest of the trial from the public area. (You must not discuss the evidence you have given with anybody, particularly those still to give theirs).

Be prepared to be at court for some time. Also, be prepared to be disappointed. There may be other trials listed along with yours and there is a possibility that your trial may not be the �priority�. If this is so, and another trial is ready to go, yours may have to be adjourned to another day.

[dizzle1234]

but there was not witnesses in this case he did it out side an that was it his mate came out to see if i was ok but did not see or hear anythin that happend.
i will be very pleased if i can leave after giveing my evedence, as it will be a very scary place for me as i sed i have never been involved with the police before.
can a first time offence of this go to prison ????

[New Judge]

Then it will be just you and the "Officer in the Case".

Whilst custody is an option for Common Assault, it is unlikely in the extreme, especially for a first time offender.

The likely outcome is a fine or a Conditional Discharge.

[dizzle1234]

and what is a condition discharge? i am just so worryed of them ripping me to shreds so to speake a mean u see it on tv an its sooo scary x do they allow perants in ?

[New Judge]

A Conditional Discharge means that the defendant (if found guilty) receives no punishment, but if he commits another offence within the period of the discharge (which can be between 6 months and three years) he can be punished for the new offence and the one for which he received the discharge.

I am assuming in all of this that both you and the defendant are over 18 (if one of both of you are not then different rules apply). If so, parents are allowed in the public area of the court and can wait with you in the witness room. They will not be allowed to go into the witness box with you.

Do not take too much notice of what you see in TV dramas. You will not be �ripped to shreds� but you will be cross-examined (questioned) by the defence solicitor to test your evidence.

[oldmaggie]

Little bit of advice....when you are giving your evidence answer questions with as few words as possible. Some solicitors / barristers are very good at what I call the long pause. After a witness has answered a question they will continue looking at the witness as if expecting them to carry on speaking and hopefully contradict themselves don't fall for it. If you don't know the anwer to a question say so or if you don't understand the question say so.
Many Magistrates courts have designated domestic violence courts where specially trained magistrates hear the case. Nowadays domestic violence is treated very seriously and in our court those found guilty very rarely get less than community punishment possibly unpaid work / curfew or supervision order. A report from probation is asked for before sentence this usually takes 3 to 4 weeks l

[sara3]

contact the court as soon as you can and ask to see the Victim Support Officer. you can talk all this through with him/her, and possibly have a look around the court before the day.

best of luck.

[paraffin]

It is very surprising that the the Crown Prosecution Service have seen fit to take this matter to court at all, given the lack of any independent witnesses.
After all, if the accused continues to plead not guilty, then the onus will be upon the prosecution to prove his guilt which could be extremely difficult when it is only one person's word against another's.
I'm not trying to be deliberately negative, however you should be prepared in case he is acquitted. Were that to be the case, though, it sounds to me that you would be very unwise to resume any sort of relationship with someone who has allegedly assaulted you before.

[New Judge]

The CPS is taking a far more robust approach to "Domestic Violence" incidents. They are indeed prosecuting when the alleged victim is the only witness and are even prosecuting when the victim refuses to give evidence (provided ther is other evidence, of course).

[paraffin]

Point taken. However, when their funds are provided by "Joe Public", how can they justify this type of expenditure to be in the public interest?
Sounds like the "PC Brigade" are at work here.