What Happens If I Don't Appear In Cour As A Victim/witness

[Beffyboo]

I'm due to appear in court on Friday as a witness(victim) of a case of domestic violence against my ex partner. I haven't been summoned and do not wish to attend. If I contact police or courts I will be summoned. If I just don't turn up what consequences/ prosecution could I face?

[boxtops]

I don't understand why you are due to appear, if you haven't received a summons to do so?

[mackfender]

If you don't appear, then your ex may well just be discharged. Is he pleading guilty ? . If so, then the police may have decided that your appearance is not needed.

[Octavius]

There is a good post here from New Judge which should help you.

http://www.theanswerbank.co.uk/Law/Criminal/Question662484.html

[Peter Pedant]

The short answer is that the person who should be convicted doesnt (get convicted)

and it all depends on whether you want that as an outcome.

I have to say I would not dream of not answering a summons on the grounds that the judge may send the police around and arrest me.

and it is possible to be done for wasting police time.


I have no sympathy with reluctant witnesses as it seems to go hand in hand with someone else's perjury....

and that when the evil deed is done (the fella has got off on the resulting erm incomplete testimony)

out pops the witness still saying oo I couldnt oo no I just couldnt oo I feel awful oof but I couldnt oo no no oo....

[ and it drives me crazy ] clearly I have had close personal experience of this.

i know I should be more forgiving and empathic.

[hc4361]

The OP says she hasn't been summonsed.

[Beffyboo]

I've received letter saying they want me to appear and yes on moral values I should go. But I am absolutely terrified and quite a nervous person who finds speaking in front of people extremely hard and especially someone who has controlled and beaten me. Im receiving pressure from all sides- the police, my ex partner and all the services in between, its making me very stressed. All I wondered was if I would get in serious trouble if I didn't turn up, as the police use pressure tactics to get results and say they will prosecute/arrest and all that just to make you turn up. And I was wondering how true this is.

[New Judge]

Witnesses do not get summonsed when they are first asked to go to court. They receive a letter which asks them to attend. If they do not attend no offence is committed and only if they do not does the court consider whether or not to issue a witness summons. Only if one is issued and they do not attend is an offence committed.


You should do your utmost to attend and give your evidence. Domestic Violence is a big problem in the UK and statistics show that perpetrators of DV only get worse if their behaviour is not addressed. Although you may now be clear of your ex by allowing he t escape conviction you may be allowing him to move on to another victim. The police and the CPS do all they can to ensure DV prosecutions are successful and this may seem like undue pressure to some victims. If you have concerns about giving evidence against your ex, beffy, you should speak to witness care. They can ask the CPS to request “special measures” to be provided in court and you may be allowed to give your evidence from behind screens or via video link. You will be supported at court by both the prosecutor and the court’s Witness Service and you really should make the effort to appear.

[FredPuli43]

Agree with New Judge absolutely. You do nobody , including yourself, by not turning up to tell the truth.

In theory, and occasionally in practice, the CPS can compel you to attend. It should never come to that, for your sake and for all women's. I once had a case where the victim was gay; this is to illustrate the principle; and the defendants were relying on his being too frightened to attend. They thought that he wouldn't pursue because that would all come out. I had him arrested in Newcastle and brought overnight to court in London. When the defendants knew, and saw, that he was present under arrest, they instantly changed their pleas to guilty. You cannot allow bullies to get away with it

[EDDIE51]

Contact the court and tell them about your fears, this is very common in DV cases and they will be very sympathetic and able to help you. Remember they have seen this many times before and know how to make it as easy as possible, for example they can provide a support officer to help you.

[New Judge]

Just to clarify Eddie's advice, you will be guaranteed the support of the Witness Service (which is part of Victim Support). All Magistrates' courts have Witness Service personnel available to all witnesses without them having to make a special request.

[Orderlimit]

"All I wondered was if I would get in serious trouble if I didn't turn up, as the police use pressure tactics to get results and say they will prosecute/arrest and all that just to make you turn up"

Can I just add Beffy, although the police have a performance indicator to measure how many recorded offences result in prosecutions, they are not directly measured on how many prosecutions result in successful convictions. So any encouragement / pressure from the police to get you to attend court is simply to help you.

The police will only arrest you if a warrant for your attendance has been issued by the court. If a witness does not attend court then an application can be made for a summons to be issued instructing that person to attend court, however, in DV cases it is considered as a last resort.
If the person summonsed doesn't attend court then an application for a warrant may be considered but are difficult to obtain. (depending on numerous factors such seriousness of offence).

[Ask06]

Hello I have a similar situation. I submitted a withdrawal statement to the police giving reasons why I want to withdraw and requested that proceedings be stopped against my husband but the officer said she would summon me and even arrest me if needed. I want to know whether I can be forced to give evidence in court should this happen.