Attempted Robbery In Cape Town
ChatterBank2 mins ago
Possible Court Proceedings
What is the likelihood of a court summons being issued for a section 39?
how and when is it issued?
The defendant has pleaded not guilty
I have retracted my statement and do not wish for the matter to go any further
If a summons is issued do i need to attend?
Whats are the consequences of not attending given that it is only a section 39?
i'm I likely to get a witness warrant for my arrest?
First time offence for the defendant, could the case proceed without me?
If I have to attend court can I be forced to go in the witness box and give evidence against the defendant even though I have retracted my statement and I still do not wish to go ahead with the charge?
how and when is it issued?
The defendant has pleaded not guilty
I have retracted my statement and do not wish for the matter to go any further
If a summons is issued do i need to attend?
Whats are the consequences of not attending given that it is only a section 39?
i'm I likely to get a witness warrant for my arrest?
First time offence for the defendant, could the case proceed without me?
If I have to attend court can I be forced to go in the witness box and give evidence against the defendant even though I have retracted my statement and I still do not wish to go ahead with the charge?
Answers
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Have a read of this Tony
See chapters 5 & 6 for general guidance :
http://
See chapters 5 & 6 for general guidance :
http://
Witness summonses:
http://
Witness warrants:
http://
Withdrawals in Domestic Violence cases:
http://
http://
Witness warrants:
http://
Withdrawals in Domestic Violence cases:
http://
What happened ?
Section 39 is common assault, it is a magistrates court only offence. Maximum penalty is 6 months jail , but that be very rare usually a fine or community sentence.
As orderlimit's link says it is normal to proceed with the case in a domestic violence offence even if the victim withdraws their statement . This is because it is VERY common in these cases for the victim to withdraw their statement.
You could be summoned as a witness, depends on if the CPS thinks the case merits it. Without more information about what happened we can't make a guess as to what is likely to happen in your case.
But a word of warning , IF you are summoned as a witness but then refuse to speak you may be treated as a 'hostile witness' . This means that the court assume you are so scared of your attacker that you dare not speak about it. So it will make things worse for the person who attacked you who is then likely get a harsher sentence.
More information please if you want a better answer.
Section 39 is common assault, it is a magistrates court only offence. Maximum penalty is 6 months jail , but that be very rare usually a fine or community sentence.
As orderlimit's link says it is normal to proceed with the case in a domestic violence offence even if the victim withdraws their statement . This is because it is VERY common in these cases for the victim to withdraw their statement.
You could be summoned as a witness, depends on if the CPS thinks the case merits it. Without more information about what happened we can't make a guess as to what is likely to happen in your case.
But a word of warning , IF you are summoned as a witness but then refuse to speak you may be treated as a 'hostile witness' . This means that the court assume you are so scared of your attacker that you dare not speak about it. So it will make things worse for the person who attacked you who is then likely get a harsher sentence.
More information please if you want a better answer.
1 to 5 of 5
