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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello I have supplied information from my website under the

Resolved Question:

Hello I have supplied information from my website under the uk data protection act as requested by a fraud officer working for a benefit fraud office in the uk.

This was a few months ago. 2 days a go I received a letter containing a witness statement suggestion that I am willing to go to court and supply evidence in the case. I have spoken with the fraud officer and said that I did not want to attend court but he was quite arrogant and basically suggested I could be summoned.

could you let me know do I need to sign this witness statement as I really do not want to go to court and testify against 2 people I don't even know.

I supplied the data as requested to help out, I did not think I would have to go to court.

thanks steve
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

hi thanks Tony

tdlawyer :

The officer is, I am afraid to say, quite right. If you fail to provide a witness statement, you could be compelled to attend at the heard anyway.

Customer:

ok that is fine but I was told by the office that the cps would summon me.

tdlawyer :

A witness statement gives you a little control over what you say in some ways, as you get to set it out in a statement first. Otherwise, when you get to Court you would be questioned and your evidence given then for the first time.

tdlawyer :

Yes, it could do.

Customer:

do I have to sign the witness statement.

tdlawyer :

You don't *have to* but if you don't, then you might be summonsed instead. Basically, if they want you at court to give evidence, you will have to attend one way or the other.

Customer:

The witness statement contains the term " I would be happy to attend court" and some other mistakes, surely signing this would be false.?

tdlawyer :

You can change it yourself, you could say, "This is the evidence I would give if I had to attend Court"

tdlawyer :

You should correct any mistakes.

Customer:

ok so could I add I am not happy to attend court on the witness statement. ?

tdlawyer :

You could, it makes no real difference to be honest.

tdlawyer :

All it would do if you did that, is reinforce any application that was made to compel you to attend.

Customer:

if I was summoned to attend court can I turn up at the court but when it comes to going in say I don't want to give evidence? is this something I could get prosecuted over?

tdlawyer :

Nobody can force you to speak, obviously, but if you don't and you have been ordered to, then yes, you would be in contempt of court.

tdlawyer :

The reality is that if you give the witness statement, it might even resolve without you needing to go to court at all.

Customer:

what would be the best options for me to avoid going to court as tbh it is really none of my business at all.

tdlawyer :

Give the witness statement voluntarily.

tdlawyer :

That way, they might resolve the issue without the need for a court hearing at all.

Customer:

if I give the witness statement will this get read at the court? it is a crown court by the way.

Customer:

you would read this witness statement?

tdlawyer :

Yes, it would get read in Court.

tdlawyer :

But only if the person pleaded not guilty.

Customer:

ok so who would read it me?

tdlawyer :

If the person sees the evidence against them and then concludes that it's not worth contesting, they could plead guilty and it would all be over.

tdlawyer :

You would read it, or alternatively, if that is not possible, somebody nominated by the Court would do this for you.

tdlawyer :

Does this answer your question? Is there anything else I can assist you with?

Customer:

ok I,m just thinking if I have any more questions.

tdlawyer :

OK.

Customer:

If I was made to go to court is it possible that I could find a local solitor that would attend for me? or is it me that would need to attend? that's the last question I have

tdlawyer :

No, you're always likely to have to personally go. nobody will be able to attend for you. You would be able to take somebody to advise you if you really wanted to, but to be honest, as a witness, there is no point.

Customer:

ok thanks Tony for your help, how do I close this now so you get paid. thanks steve

Customer:

I think I need to click save and exit

tdlawyer :

You close this and pay by rating the answer for me please.

tdlawyer :

Then that's all you need to do.

Customer:

ok thanks for your help I will do it now have a great day.

tdlawyer :

Thanks Steve - you too.

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