Attending Court

[bird123]

A friend told me on a drunken night out that she had been sexually assaulted, so i gave a statement to the police regarding the conversation but later retracted it. Ive now been summoned to court, can this happen if ive retracted my statement? Also do the police hand out summons personally?

[Orderlimit]

http://www.cps.gov.uk/legal/v_to_z/warning_of_witnesses/#a11

[Peter Pedant]

OL has given you the URL for yes it can happen

for the second part: "The police will be responsible for service of any such summons or the execution of warrants and payment of any conduct money."
Ny view is that if you know you are wanted in court (because there is a summons) you would be foolish not to attend.

The evidence is gonna be what she told you occurred and her manner and demeanour. You clearly cant give evidence on what occurred to her only what she said to you...

[FredPuli43]

Yes. It's a bit doubtful whether much of what you can say will be allowed in evidence. It depends how soon after the event she was telling you this. Your statement of what she said happened can't be proof that it did happen, but in some circumstances her state, state of dress or undress, torn clothing or whatever may, just, be admitted to show some support for what she says happened

However, that's for the lawyers. It has been decided that you are needed at court to give evidence about something or other, so you must attend in response to the summons.

[Peter Pedant]

or they may come and arrest you on the day

I didnt want to say that - but I have seen it happen in a coroner's court.
Actually the little blighter (aged 12 and had been witness to a kid flattened on the M602) turned up seven minutes later ... and lied. So try not to do that on the day - it is very obvious to those collected in the court.

[Orderlimit]

A person will not be arrested for failure to attend court on the instruction of a witness summons but an application 'could' then be made in certain circumstances for a warrant to be issued to bring a witness to court. (arrest).

Bird123, best bet is to contact the court or Witness Care Unit at the earliest opportunity for advice.

First complaint (or disclosure) evidence is very important in sexual offences cases, here is a bit of info ref hearsay and reluctant / hostile witnesses, hope it helps:

http://www.cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/hearsay/

[Peter Pedant]

Blimey my lawyer told me if I didnt turn up to court they would come around and arrest me (and take me there)
and I wasnt the main star in the proceedings if you get my meaning -

just a witness to fact....

[Orderlimit]

(You do get yourself into some situations MR PP).

:)