Witness Summons To Attend Court

[snaggle190]

If a witness gets summonsed to court to give evidence if they attend the court as required are they legally obliged to give evidence or an they refuse

[Buenchico]

If the witness refuses to give evidence they can be jailed. (There have been cases where victims of rape have refused to give evidence against their alleged attacker, resulting in the victim being sent to prison. If judges have little sympathy for the victims of rape who refuse to give evidence, they're likely to have even less for anyone else who refuses to do so).

[snaggle190]

The witness has made a retraction statement, and does not want to go through with giving evidence, the worry of going to court is affecting their health ie stress etc.

[Buenchico]

Retracted statements can still be used in a court of law. For example, victims of domestic violence often retract their statements (either through fear or stress) but the Crown Prosecution Service has a policy of continuing with the prosecution based upon the original statement (which can still be read to the court). The court would then regard it as essential that the victim gave evidence (either to support their original statement or to explain why they had withdrawn it). If they failed to do so they could be sent to prison.

[FredPuli43]

They have to attend; there is a court order compelling them to do so, if they refuse they can be arrested and brought to court. It is contempt of court to fail to attend without good reason, and in the Crown Court witnesses can be jailed forthwith.

A witness who refuses to be sworn either by oath or affirmation is likewise in contempt. They can't refuse to answer proper questions either. (There is a quaint phrase for witnesses who refuse to answer all questions or say anything; they are said to be 'mute of malice' )

[FredPuli43]

A witness who makes a witness statement retracting is in for a tough time. They will be forced to attend. They must give evidence. When they do and if they give the retracting version, the original statement will be shown to them. They will be asked which statement contains the lies. Which one is the true one? If the later one, why did they make the first ? It will have been made soon after the event. Why would they lie to get a person who has done nothing arrested, charged, and put on trial?


You get the picture. There is a witness support service for anxious witnesses. It is useful.