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Witness Summons

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Jasali | 12:46 Mon 21st Oct 2013 | Law
7 Answers
My husband had a row with a neighbour in our home and threw a pizza which hit me, I phoned the police and he was arrested as I didn't want it to escalate. He has been violent towards me in the past. However we have subsequently found out that his drinking has caused "black-outs" and he doesn't remember what he does, he now taking medication for depression and receiving counselling. His drinking is now under control. His mother also has terminal cancer which has caused him to drink excessively
The police kept in the cells over the weekend and fast-tracked his prosecution, he was told to plead guilty to get out of the court system by his legal aid lawyer
Our family solicitor has advised us this was "abuse of process". Also the next day I went to withdraw my statement and the police would not let me, the file went to the CPS who pursued it for a fast result. Subsequently the officer taking my withdrawal statement was shocked to find out that the argument was not with me but with the neighbour, within 2 hours they had sent the CPS the file and withdrawal statement and asked for my husbands bail conditions to be relaxed "they were happy for Jasper to come home"
The courts refused to alter his bail conditions
This all happened in August, I have had no communication either written or telephone calls since, until 17/10/13 when a woman rang up and left a voicemail, saying I had to attend court on 29/10/13. I said it was ridiculous I have heard nothing and how is this witness protection? She said she has been trying to contact me since 16/09 and now has police officers to visit myself and the other witness. I believe this to be complete fabrication. The other witness said the police turned up asking for my husband by the wrong name and she closed the door and said she didn't know anyone by that name. The question is, is a court summons issued by letter? We have moved, so I have a re-direction but can they verbally give m a summons? Or will it be issued at the court date? Is there anyway to find out if you have been summoned? I have complained to the courts, the CPS and heard nothing, I think they know they have cocked up but there is now joined up administration on this. My husband is European and did not understand the legal ramifications of what was going on and did not receive any legal counsel - advice anyone?


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This sounds very complex and it would be hard for anyone to advise you on here. As you have a family solicitor I think you should consult them to answer your questions.
Question Author
The problem is the family solicitor is now representing him! As such should not speak to me
It seems they are hell bent on getting a conviction with absolutely no communication, it is a complete waste of time
I have complained to the courts, the cps, victim support and had no response from anyone
Not really sure the best action, if no witnesses turn up surely at review stage they will drop the charges
Maybe I've not understood all of this but if he has a solicitor representing him I'm not clear about why it can't be left for his solicitor to look after his case.
Why should you not be able to talk to the solicitor. I dont understand. You say family solicitor and you are his wife.
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Because I am the victim, it creates a conflict of interest and leaves them open to being accused of putting the witness under duress, conflict of interest etc

well if you start something - which you clearly did by phoning the Police - then you should follow through

In this case it is clear - you turn up on 29th Oct

Is the question really
Can I fail to turn up 29 Oct and then if challenged, say
Ooo I knew nothing about it - I feel aaaaaawful - I got a phone call and didnt think it was a real summons etc etc

No I dont think you can but others may have different views
When you are first asked to attend court it is not done by way of a summons. You are simply asked to attend. If you do not attend as requested the court MAY then issue a witness summons to secure your attendance and only if you fail to respond to this as directed will you be committing an offence. The court may then issue a warrant for your arrest and you can be brought to court. This question addresses the issue of a witness summons:

Other than that, I’m not quite sure what it is you need advice about.

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