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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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My son 29, assaulted me in my home in September whist under

Customer Question

My son 29, assaulted me in my home in September whist under the influence of alcohol.
He also caused criminal damage.
My daughter 27 witnessed it
I was not badly harmed just bruised.
My son has mental health issues and I was told that by making a statement I would be helping him. This has not been the case and I chose to retract my statement.
The police are continuing with the prosecution.
I do want to attend court as a witness.
Question 1
What happens if I do not attend. Will they summons me or will I get into trouble?
Question 2
If I do attend can I refuse to speak.
Please advise
It is the 10th December
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How did this come to the attention of the police?
Customer: replied 2 years ago.
A friend was on the telephone to me and she made a call as she could hear my son shouting and swearing and heard the assault. When he drinks he becomes quite psychotic
Expert:  Jo C. replied 2 years ago.
Did you make a statement?
Customer: replied 2 years ago.
yes i did the next day. At the time I said no as my son had left the house before the police arrived. It took them several hours to find him. They kept calling me to say that the best way to help my son was to make a statement
Expert:  Jo C. replied 2 years ago.
Have you done this before?
Customer: replied 2 years ago.
no my son has been living in spain for 10 years and had just come back from there and was staying with me. The day he flew back he was arrested for being drunk on the flight and is due to be sentenced for both on the 10th. He has been to rehab and has stayed dry since my assault but knows a custodial sentence imminent. I just do not wish to be a witness. I was told that all would be ok after retracting
Expert:  Jo C. replied 2 years ago.
Well, those days have gone I'm afraid. Unfortunately some women do use the police as a mediation service and that has brought an end to common sense for everybody.
Do you know if he has admitted the offence?
Customer: replied 2 years ago.
he is pleading guilty
Expert:  Jo C. replied 2 years ago.
That is a shame.
If he is pleading guilty then you won't have to give evidence as there won't be a contested hearing.
You can attend as you choose but you don't have to.
If you don't want to give evidence in future then just refuse to make a statement. Nobody can force to you to do so in the Uk.
Can I clarify anything for you ? I'm just about to go offline but I will be back soon.
Customer: replied 2 years ago.
but if I dont turn up will they come and get me or postpone trial.
Why is it a shame that he is pleading not guilty? He is currently but I am told he is going to change it
Customer: replied 2 years ago.
They had told me that I had to turn up so I have said I will attend but I dont want to go and nor does my daughter
Customer: replied 2 years ago.
they are putting both cases together
Customer: replied 2 years ago.
do i need to call them to
say not attending
Expert:  Jo C. replied 2 years ago.
You said above he was pleading guilty?
Customer: replied 2 years ago.
I have been told that he may change from his not guilty plea
Expert:  Jo C. replied 2 years ago.
Well, any defendant may do that.
If he is pleading not guilty then they will need you to give evidence.
If you try to withdraw they will probably summons you especially if you have told them he has mental health problems.
Customer: replied 2 years ago.
apologies i was at work and went home :)
Expert:  Jo C. replied 2 years ago.
No problem. You can respond when you like.