Apprearance as a witness in Crown Court

[vmoore]

My friend witnessed her boyfriend assault someone. She gave a statement and has been told that she will have to go to court as a witness for the prosecution. He has subsequently been charged with ABH and pleaded not guilty at Magistrates Court. Her boyfriend has told her that he has seen his solicitor and she can tell the CPS that she doesn't want to attend and testify against him. I was of the understanding that she had to go if she was called to, otherwise she may be arrested. Is there anyway she can get out of giving evidence or does she 100% have to attend?

[Emz26]

If she is summonsed to go to court as a witness then she has to go.

[vmoore]

She has had a letter telling her that she will be required to attend, but so far has not been summonsed. If she writes into the CPS before the date of the trial will they allow her not to appear? He keeps telling her that if she gives evidence he will get a custodial sentence, but if she does not attend then he may well get off with a lesser charge. She does not want to get into any trouble with the police or tarnish her clean record.

[Emz26]

Probably best she discusses it with the prosecutor in charge of the case. I don't think it will look too good if she simply doesn't turn up. Someone cannot be forced to go to court to give evidence unless a summons is issued requiring that they attend court.
Just out of interest, why did she provide a statement in the first place?

[vmoore]

The police came to arrest her boyfriend in their home where the assault took place. She gave a statement because the police asked her to. Its now been 6 months since it has happened and she really is worried that her boyfriend will go to prison over this. She has told me she knows he has done wrong, but wouldn't feel comfortable about standing in court and giving evidence. In my eyes he has done the crime and should pay for it, but I can also understand how she must be feeling.

[Emz26]

I can also understand that she is incomfortable with the fact that she has to give evidence against him. But as you said, if he has done wrong, he should face the punishment.

[vmoore]

Thanks for all of your help with this. She really doesn't know what to do for the best, and I agree, he shouldn't have done wrtong, but it must be terrible for her. Think she needs to get some legal advice of her own, so she knows exactly where she stands.

[Emz26]

Sounds like a good idea. I hope she decides to do what is best for her.

[Suzieb]

I feel sorry for your mate, it's a bit rubbish really.

When my boyfriend was arrested for ABH the policeman came back and took a statement off me. I was really upset at the time and didn't have a clue that my statement was meant to be used against him, I know it might sound a bit stupid but I wish he would've told me!

[Suzieb]

Please come back and let us know what sentance your friends boyfriend gets, my boyfriend is being charged with ABH too and his court date on 21st may.

[NORMANTHEDOG]

you girls need to sort your lives out,being with men who go round assaulting people,maybe it will be you,next time,and then what.will you go to court then

[Emz26]

Well said NORM.

[Suzieb]

That's a nice sweeping generalisation you just made!

I'll hold my hands up and say that my boyfriend was totally out of order for doing what he did, but you don't know anything about this girls boyfriend or the circumstances of what happened.

[hugnie21]

Suzieb, Norman doesn't need to know the circumstances of the case, if it's going to court it's because the CPS had enough evidence to pursue it. Meaning that the boyfriend was in the wrong and will hopefully get the suitable punishment. Your boyfriend was out of order but you're still with him? Nice. Maybe you should find a real man who doesn't go around assaulting people.

[vmoore]

I will let you know what happens. She is in a real state about it. In general he is a nice bloke, but sometimes his temper gets the better of him. Maybe if he were to receive a sentence, then he would learn that what he does when he is angry is unacceptable. He is appearing on the 17th May, so should know more then.

[Suzieb]

Yeah I'm still with him cause he's awesome & I'm not the type of girl to ditch someone just cause they made a mistake.

My boyfriend assaulted this man because this man ran at him with a baseball bat covered in barbwire with razorblades sticking out.

Obviously that's not true ^ but I'm just saying don't be so quick to judge. He doesn't go around assaulting people, he assaulted a person when he was very drunk, realised he was completely out of order and is now receving anger management so that it doesn't happen again - I hear what you're saying, and yeah people who assault others are very naughty, but sometimes people just make mistakes and sometimes things aren't just black & white.

[davec886]

Why is he pleading not guilty? It appears quite obvious that he did it. If your friend's boyfriend is suitably remorseful and accepts that he made a mistake surely he wouldn't hold it against your friend for simply telling what is, after all, the truth. Surely it's in his interests to tell the truth too? After all, looking at it purely cynically, it would get him a lesser sentence. The court will attach a lot of weight to your friends evidence and she will almost certainly be summoned as a hostile witness if she doesn't attend. That will be a very unpleasant experience. If she is found in contempt of court then I'm afraid prison is almost unavoidable. She needs to speak to this guy and educate him as to the value of truth!