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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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if im summonsed to attend court as a witmess,is it only nessessary

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if im summonsed to attend court as a witmess,is it only nessessary for me to attend court ive been advised to speak to the prosecutor and tell him i do not wish to give evidence
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.
Does this involve a domestic squabble by any chance?
Customer: replied 2 years ago.

no my son witnessed an assault and was coerced into giving a statement following a minor traffic violation.he is worried for his well being if he is summonsed to court

Expert:  Jo C. replied 2 years ago.
Has he been summonsed already?
Customer: replied 2 years ago.

no but he has a court date which he insists he will not to attend.and he has let the police and the criminal justice service know about.

Customer: replied 2 years ago.

Relist: Incomplete answer.did not recieve answer to my question

Expert:  Jo C. replied 2 years ago.
They could summons him. If he has told them he is not coming then they might well.
The difficulty with attending and refusing to give evidence is that there is a specific offence under the Magistrates Court Act that covers that and it carries a month custody. It isn't generally used but the reason for that is that mostly its women making claims of domestic violence. Your son does not have the protection of being able to pretend to be a victim so there is a risk that they could use that offence.
There are no guarantees. Its not commonly used but there are powers that cover it.
Once you have made a statement the matter no longer belongs to you and its fair to say the Crown have become heavy handed.
But if he does not want to give evidence then his only option is to run the risk.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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