Witness seems to be changing her mind.

[Lady-Cc]

Hi, I was assaulted a few weeks ago to which I didn't fight back. I ended up with a black eye, hair falling out in clumps and a broken finger. I wasn't going to report it because I know the area I live and no-one ever want's to get involved. Anyway the girl next door told me she had seen everything and I should phone the police because she would give a statement.

The incident happened a month ago and the officer went to see the witness yesterday for the first time. While she told him everything that happened, she is now having second thoughts about giving a written statement.

If she decides not to give a written statement, will the case be dropped as there are no other witnesses?

[ummmm]

I wouldn't have thought so as lot's of assaults happen with no witnesses.

[Lady-Cc]

Thanks for your quick answer. Could the officer use her verbal statement as evidence?

[redcrx]

i suppose the police officer could say they spoke to her, but as ummm says, plenty of cases go through without witnesses.

Amazes me how she could stand and say that she saw it all yet didnt pick up phone to call the police at the time it occured, same with yourself for not reporting it at time

[ummmm]

I'm not sure. I wouldn't have thought so because she could deny saying it.

[Lady-Cc]

I did report it straight away. I saw the witness immediately after it happened and after the aforementioned conversation, I phoned the police. The police came to see me the same evening.

[New Judge]

Unless she made a statement to the police her evidence will not be admissible. The officer who heard her verbal version is not a witness to the events and he has no evidence to offer the court. He can only provide what is called “hearsay” (that is, second hand) evidence. Whilst hearsay is now admissible in some circumstances it is unlikely to be allowed here.

In saying that lots of assaults happen with no witnesses ummmm is quite correct. However, with the exception of domestic violence incidents (where the CPS sometimes adopt a different approach) very few, if any, are successfully prosecuted.

However, you should bear in mind that you are a witness to the events. I have to say that the police seem to have been a little lax in leaving it a month before interviewing your neighbour and this has not helped. However, the CPS may decide to proceed with just your evidence, but the chances of a conviction are reduced without the testimony of anybody else.

In common with all criminal offences there has to be evidence to support a conviction for assault. Contrary to what has been said, If there is no admissible evidence in the form of witnesses the CPS will not support a prosecution. After all, ask yourself if you would like to be convicted without any evidence against you.

[Lady-Cc]

Thank you New Judge. I understand your point with regards to getting a conviction without evidence. It's just so frustrating, I know people saw what happened yet no-one want's to get involved. I suppose it's just the way of the world at the moment.

[Lady-Cc]

Just a quick update on my situation. I have received a letter stating that there is going to be a trial next year. The woman is being charged with Assault occasioning actual bodily harm, which she has pleaded not guilty. I have been called as a witness as the CPS are taking it further. As I have never been involved in anything like this before, I just have a few more questions if no one minds. Do I need a solicitor? Will I have to give evidence in front of the woman that assaulted me? and in reality, what chances are there of her being found guilty, seeing as my witness has changed their minds about giving a statement? The PC has told me not to worry, but I can't help it, the trial is not until next February and I'm nervous already.

[society]

Evidence is crucial especially since you don't have a live witness. Get photos of injury and medical records in order for when the hearing comes up.

[Lady-Cc]

Thanks for your prompt answer. I have given the PC pictures of my injuries and have signed a consent form for them to view my medical records.

[Lady-Cc]

Well the trial was yesterday. Very scary. Just me and her giving evidence. She blatantly lied saying that I'd hurt her but the prosecutor was brilliant. The Magistrates said that I was a credible witness and that she was not and she was found guilty. She has a sentencing hearing next week. They mentioned that it was a mid to high level community order/service? Which I don't really understand.

Thought I'd let you all know that justice was done. Thank you guys for answering my questions, much appreciated.