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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I am only witness and victim in dv case. Serious injury but

Customer Question

I am only witness and victim in dv case. Serious injury but accident. I have told them i won't go after being suopeaned. How much time do you think i will have to serve i have mental issues and at the time of the incident. Over a year ago. I was drunk and took 2 serixat tablets. Also the officer in charge said i HAD to to make a statement. He was dc new sergeant. I was lied to by replacement officer who said i couldn't retract my statement. Bullied and misled me. I have put official complaint in ti the police who are covering each other. Expected. 3 letters to the court but they still want to proceed. Can you help me please
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have any previous convictions please?
Customer: replied 2 years ago.
i am the victim in this case but yes
Expert:  Jo C. replied 2 years ago.
Sorry, I meant does he?
Also, have you done this before? Either in this or in other relationships?
Customer: replied 2 years ago.
none
Expert:  Jo C. replied 2 years ago.
Okay.
So have you done this before?
Customer: replied 2 years ago.
me or him? Can i give you my email address encased my data allowance runs out *****@******.*** thx
Expert:  Jo C. replied 2 years ago.
We can't have contact directly under the rules of this site. You can respond when it suits you though. I will be here.
Do you have a history of calling the police to personal disputes?
Customer: replied 2 years ago.
i didn't call them. The ambulance reported it to the police after i wouldn't let him in their vehicle with me
Expert:  Jo C. replied 2 years ago.
Okay.
So have you previously called the police to a personal dispute?
Customer: replied 2 years ago.
once not reported. To my husband both arrested to my current partner who is on bail. Both arrested
Expert:  Jo C. replied 2 years ago.
Ok. That will be pressing their buttons.
What were the injuries on this occasion?
What did you allege against him?
Customer: replied 2 years ago.
what you mean pressing their buttons? my injury was compound fracture and tibia tibia broken ankle 12 months in cast have 4 moths left in calliper . The police officer twisted my statement. I did he jumped onto the sofa onto my legs. I meant they were in the way. He tried to get me to say it happened on the floor. I didn't prosecute. The police did. I know he wouldn't do it deliberately. I've known him 11 year
Expert:  Jo C. replied 2 years ago.
I know that you didn't want them to prosecute but the problem is that you must have made a section 9 statement against him and I know that the police do twist words sometimes but the obligation is upon you not to sign a statement if it is untrue.
What are your previous convictions for please?
Customer: replied 2 years ago.
attacks on police. Found my husband with someone else. Again for damaging a restaurant. All while i easy on too high a dose of psroxetine 30 mg for over 8 yrs. It settled after that. I explained i have hallucination very vivid. My stsyrmrny had do much missing its not eotth looking st. I only remember 1 minute. I also remember things they clearly fidny happen buy police ihnotimh yjst
Expert:  Jo C. replied 2 years ago.
Thank you.
The difficulty with this is that you have a history of calling the police to relationship disputes and this injury is serious.
The way to deal with this for the future is just to refuse a statement. No one can force you to make a section 9 statement in the UK. There is no offence the UK of refusing to help the police with their enquiries.
I imagine that this is charged as the section 20 GBH so it is at the higher end of violence. It will be at the Crown Court and it is fair to say that Crown Court judges do not put up with witnesses failing to answer summonses in the way that magistrates do.
Failing to answer a summons is a contempt of court. Contempt of court carries a custodial sentence of three months. The powers of contempt are very rarely used. They are used most commonly in military court marshals. They are rarely used at the Crown Court although often threatened.
The practical reality is that if you don't attend it is quite unlikely that they would prosecute you for contempt. There is a risk but it's not probable.
What they may do is adjourn the case off for the rest of the day and issue a warrant for your arrest to be put before the court to give evidence. These are serious allegations so the officers would make efforts to enforce it but if they can't find you then it cannot be enforced.
In truth, even if they do get you to court nobody can force you to go into the witness box and speak. It takes real strength of character to refuse and people do generally give in but I prosecute all the time and I have no power to make a witness speak.
Your difficulty here is that if you do speak then you will be at risk of much more serious offences against public justice because if you are saying that the section 9 statement you made contained false hood then that is perverting the course of justice.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
i was not clear on the statement and i told them i have hallucinations. They have changed it from intentional to unintentional. If i turned up would i have to stand in the witness box and not speak or could i refuse to get up there at all. I have already told them i have anxiety disorder and panic attacks.
Expert:  Jo C. replied 2 years ago.
I'm afraid that will not deter them. People are always making excuses like that unfortunately.
In truth, even if they do get you to court nobody can force you to go into the witness box and speak. It takes real strength of character to refuse and people do generally give in but I prosecute all the time and I have no power to make a witness speak.
Customer: replied 2 years ago.
unfortunately my medical complaint isn't an excuse its real. I've been help and had a personal visit everyday from psychiatric nurse for 2 weeks. Fear would stop me getting into any witness box but the police are threatening screens and tv screens. If i would get into trouble for dying anything if that's how it works they will make me ill anyway. He has a barrister on his side apparently nothing happened like i said anyway. I think i will just take off for 4 days is the best option. Would he stand a better chance with a barrister
Expert:  Jo C. replied 2 years ago.
No, I wasn't suggesting that you were making excuses. I was just making the point that people do all the time and courts have become hardened.
I'm not sure what you mean about a barrister?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
he has a barrister depending him not a solicitor . If our strips are politely different i would have been in trouble anyway wouldn't i. No one is defending ME. ALTO of spelling mistakes there sorry. I didn't know i dudnt have ti make a statement. I didn't sign the supina . Don't suppose that makes a difference. Thx for your help and
Expert:  Jo C. replied 2 years ago.
You are a complainant so you are dealt with by CPS I'm afraid.

It was unfortunately that the Ambulance services stuck their noses into this.