Not Attending Court

[waterlocke22]

I have been summonsed to court however i have already retracted the statement i made and made it clear i do not wish to support prosecution as the matter was minor and i will be heavily pregnant come the court date. The person involved has been told by his solicitor that the crown will not adjourn the court date if i don't turn up and as i am the only witness i can assume it will get thrown out of court if I'm not there so what will happen to me if it does get thrown out in my absence? Will i still be arrested?

[EDDIE51]

You will have to attend, if you do not a warrant may be issued and you can be arrested and taken to court to give evidence. They will NOT throw out the case but if you tell the court that you will be near giving birth the case may be adjourned until after the birth.

[waterlocke22]

But the defendants solicitor said that crown have already said they will not adjourn the case if i don't turn up. So if I'm not at home when they come to arrest me what can they do? Sit in the court room until i decide to turn up..

[boxtops]

Contact the court as soon as you can, and tell them your circumstances - take their advice.

[EDDIE51]

I would add that if you do not give evidence you will be treated as a 'Hostile witness' and the court will assume that you are so scared of the attacker that you dare not speak. This will increase the chance of him being found guilty and getting a longer sentence. As you say this is Crown court it is NOT a minor matter, Crown court is only for cases where they think a sentence of over 6 months will be appropriate.

[bednobs]

eddie assumes this is a domestic violence/violence case, but the OP does not say so. It might make a difference if it is, so are you able to tell us waterlocke if it is or not?

[waterlocke22]

I have already made it clear i am not unwilling to give evidence out of fear i just simply don't want the matter to go any further. It is being dealt with in magistrates not crown court i just say crown as in crown prosecution services. And to answer bednobs question, this isn't domestic as in a partner it's my brother and at the time he was under the influence and i just really wanted him removed from my property however because he did push me over and i am pregnant i suppose they are treating it as quite serious however i know my brother didn't mean me any harm he was just being an idiot at the time. I just want to know if i don't turn upto court and the case is thrown out as a result will i still be arrested afterwards? As obviously i do not want to be arrested and get myself into trouble and if that is the case my brother will just have to face consequences of his actions that night but in all honesty I'd rather it didn't have to go any further

[boxtops]

I believe you'll be treated as being in contempt of court if you just don't turn up - it's not a sensible thing to do. And brother or not, he assaulted you - it's not something to be taken lightly.

[New Judge]

You are getting confused:

“…crown have already said they will not adjourn the case if i don't turn up.”

It is not within the Crown’s gift to adjourn (which means to postpone to another day) or refuse to adjourn a case. That is a matter for the Magistrates.

What the Crown has probably indicated is that they will not discontinue the case if you fail to turn up. You cannot be arrested for failing to turn up on the initial trial day as you have only been "asked" to attend. What will happen is that the Crown may ask the Magistrates to adjourn the matter to a later date and issue a Witness Summons against you. I have given answers to similar questions a number of times. The most recent is here:

http://www.theanswerbank.co.uk/Law/Criminal/Question1302374.html

The decision to continue or otherwise is not yours - it rests with the CPS. And the matter will be considered “domestic” by the court even though it does not involve a partner. The latest definition is:

“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.”

[EDDIE51]

My comment about being treated as a 'Hostile Witness ' applies just as much when brother or other family member is the aggressor as it would with a husband or partner.
Failing to speak is likely to make the court think you are so scared of your brother that you dare not speak.Therefore it is more likely that he will be found guilty and that he will get a more severe sentence.

[Busi]

Good news the crown will not adjourn. A summons is only an invitation and as the witness you are free to decline to give evidence without fear, the cps won't like it but so what!
Relax the case will collapse without you and you need not worry.

[Busi]

Relax, Edie and box tops do not know what they are talking about. You are the injured party with the claim and the only one with standing in this case. Your invitation is just that, and the crown in this matter are no more than your agent. Inform the cps or police that you don't wish to continue with your complaint or just don't turn up ... It's up to you. The only reason they want will pressure you is because they want to get paid!
On the day the charges will be withdrawn or the case dismissed without you as the only other witnesses for the prosecution can offer only here say. Good luck with your baby this is nothing to worry about, remember we are the power and the state only acts as daddy when we fail to take care of our own affairs or instruct them correctly and clearly, they are all your servant so why fear them.