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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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sent my question not received answerand also paid

Resolved Question:

sent my question not received answerand also paid
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

two friends had a squable one made a statement that he's asked to withdraw but police refused the statement was made while person was in severe pain and had takeh pain killers and also had sleeping tablets to help him sleep he feels that under the circumstances he can n't make a reliable true statement and wants to have the statement withdrawn he was very sleepy and made the statement while hewas very much under the weather

Expert:  Jo C. replied 2 years ago.
Has this person done this before?
Either in this relationship or in others?
Are the police always being called to domestic disputes?
Customer: replied 2 years ago.

no to all 3 questions

Expert:  Jo C. replied 2 years ago.
How bad were the injuries?
Customer: replied 2 years ago.

a bruise on back

Expert:  Jo C. replied 2 years ago.
Thank you.
You can thank these women who think that the police are interested in their domestic squabbles for your current position. Before we developed a paranoia about domestic abuse you would have been perfectly free to withdraw this. However, people reporting domestic squabbles and then wasting the time of the police by withdrawing them have annoyed the police and the authorities so much that they have turned to the policy of summonsing reluctant witnesses. I think it is said to say that the police quite enjoy the power that that gives them and have become rather free with its use.
The plain fact remains that they have refused here. It's not really a decision in the public interest given the low level of the injuries and the fact that there is no history of making allegations. Nevertheless, it is their decision and that is what we are stuck with.
Since they know that this witnesses reluctant anyway he may as well make a withdrawal statement because if they are intense they will seek a summons anyway. It is possible they could do that. If they do then you will have to think about what you want to do. Failing to answer summons is a contempt of court and that does carry three months custody although it is fair to say that the chances that anybody would be prosecuted are very low but you cannot hide from the risk.
You can always go to court and refuse to give evidence. There is an offence under the magistrates Court act in doing that but I have only ever seen that used once and that involved a woman who had made literally thousands of calls to the police to report things that no reasonable person would consider worthy of their attention. Again, you need to understand the risks but the chances are that they would not come about.
Can I clarify anything for you?
Jo
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