Summons To Court....Right to Remain Silent?

[SnowQueen1973]

I need to know, if you are summoned unwillingly by the courts as a witness for the prosecution, do you still have the right to remain silent, say no comment and refuse to say anything that will incriminate the defendent?

[bednobs]

nobody can compell you to speak can they?

[SnowQueen1973]

I have heard different things, I have heard from some sources that you do have that right, from others that you have to answer the question or risk being done with contempt of court....

[China Doll]

I believe you'd be held in contempt.

[scotman]

Why are the prosecution calling you and why are you unwilling to testify?

[DTCwordfan]

Contempt. Jail time. Throw away the keys as you are at the Judges decision and vent of spleen for your non-cooperation

[bednobs]

when i said no one can compel you to soeak, i meant no-one can make your tongue move on your behalf so there is always a "right" to remain silent in any situation ever.

[SnowQueen1973]

Scotman, for my answer to your question see an ealier thread...summons to court against my will. The answer will be found there.

[fifi333]

Careful guys. You need to take proper advice. If you have a witness summons the likelihood is (dependent on your local CPS and who picks it up on the day) that you will be arrested and held in custody until produced from custody to give evidence. Once in the witness box, you can be turned into a hostile witness. Of course no one can make you speak, but it is a contempt of court and custody in these circumstances cannot be ruled out. You may be able to speak to the duty solicitor at court on the day of trial for advice regarding the above.