Witness in court

[Kryten]

Ok, I'm supposed to be a witness in court soon.
I don't want to go too deeply into it, but the upshot is, the subconscious stress (it's not something I'm actively worried or thinking about) is making my speech next to absolutely useless and it's putting my wellbeing and my job at risk.
All the stuff I can conjure via Google suggests I either turn up and give evidence, or I can end up arrested and charged myself for various things.
So, I don't suppose anyone's had any experience of this, getting out of this sort of thing on medical grounds etc?

 

[tris-]

It is unlikely you will get out of it. According to my lecturers at uni, the only way a witness usually gets out of going to court is if they are in hospital and they cannot possibly leave.

 

[Kryten]

Just amused as to how I'm being treated about it. So far they've offered to have me in a separate room, have screens up, have us go in and out the back entrance etc.

All the time avoiding the point. "I'm mute. How the fuck do I say anything?"

 

[tris-]

PRobably the best thing is to just turn up and do your best, unless you can get your self whacked in to hospital somehow.

Mey will know more about it than me I reckon. Im not sure if it is possible but perhaps they will allow you to write your responses and have someone else read them out.

 

[Kryten]

Aye that's what I'm pretty much guessing, still doing nothing for the thing at the back of my head thats saying nasty things I can't even control

(Yeah, I'm fucked up)

 

[caLLous]

I had to do this a couple of years ago when the nightclub I worked at got robbed.. I and another guy had to go in the witness stand and talk everybody through the ordeal. It wasn't nice and the defending counsel was an absolute arsehole, as can be expected I suppose. The other guy that had to be a witness tried desperately to get out of it but couldn't.. he was genuinely fearful of retribution if he helped put these guys away and wasn't interested in the slightest in appearing in court. But they wouldn't let him not do it.

Sorry that's not very encouraging at all is it

 

[Zenith.UK]

If you don't want to be a witness, you shouldn't have made a statement in the first place.

Go to court.
Take the stand.
Answer questions with the briefest answers you can.
If you're asked a question that relates to something in your original statement, then agree/disagree without elaborating the point.
If you're asked something that wasn't covered in your original statement, then use the line "I'm sorry, I don't know".

As long as you turn up and reasonably answer the questions put to you, you won't get into trouble.

 

[Wazzerphuk]

Man up tbh. If it has to be done, it has to be done, regardless of how hard it may be.

 

[caLLous]

If you don't want to be a witness, you shouldn't have made a statement in the first place.

I wasn't aware that you could opt out of making a statement? There were 3 of us in the club and the police basically took us back to the station and put us in separate rooms and then came back and took some clothes as evidence and sat us all down til 10am the next day telling them what happened. At no point did they mention that it was an optional process.

 

[Chilly]

Unlucky kryt. Smoke a doobie or something beforehand? Must be something you know can chill you out a bit?

 

[Sockstuff]

Having been part of a Jury in court I can say that there are at least 12 people in that room that will be so bored, they won't even care what is said.

Probably doesn't help, but its the truth.

Now go and dish out some cold hard justice.

 

[tris-]

I wasn't aware that you could opt out of making a statement? There were 3 of us in the club and the police basically took us back to the station and put us in separate rooms and then came back and took some clothes as evidence and sat us all down til 10am the next day telling them what happened. At no point did they mention that it was an optional process.

Unless youre arrested you dont to HAVE to go anywhere or do anything, but you can choose to. They should of told you that you were not under arrest and you could leave at any time. Consider a complaint if you feel it.

I believe this is the applicable code of conduct

http://police.homeoffice.gov.uk/pub...cing/2008_PACE_Code_C_(final).pdf?view=Binary

"(c) Persons attending a police station voluntarily
3.21 Anybody attending a police station voluntarily to assist with an investigation may leave
at will unless arrested. See Note 1K. If it is decided they shall not be allowed to leave,
they must be informed at once that they are under arrest and brought before the custody
officer, who is responsible for making sure they are notified of their rights in the same
way as other detainees. If they are not arrested but are cautioned as in section 10, the
person who gives the caution must, at the same time, inform them they are not under
arrest, they are not obliged to remain at the station but if they remain at the station they
may obtain free and independent legal advice if they want. They shall be told the right to
legal advice includes the right to speak with a solicitor on the telephone and be asked if
they want to do so."

 

[caLLous]

Well bollocks, I was gagging to go home and get high at the time After my ordeal

This was 3 years ago though, I don't think a complaint would hold much water Even if it did take them the best part of 18 months to get me my clothes back that they took as evidence.

 

[tris-]

Ah ha, worth knowing for next time then

 

[Chilly]

boss might legitimately thought you were in on it by refusing to make a statement though.

 

[tris-]

Even so, he should of still been treated correctly. Not least because detaining you like that is a potential breach of your human rights.

 

[sayward]

I was called as a witness because someone took my car number. There wasn't even an accident, just some bad driving. I didn't get to make a statement. In fact I could hardly remember seeing anything. I had a very small baby at the time who I had to leave with one of the court officials, while I took the stand. Not the most relaxing moment in my life.

 

[ford prefect]

Kryten, check PM

 

[Nate]

Objection!

You should have a screen infront of you that shows this guy pointing and some text you can put in yourself when you're there But your a witness, you can't object yourself! STFU Objection! *points*

 

[DaGaffer]

Just amused as to how I'm being treated about it. So far they've offered to have me in a separate room, have screens up, have us go in and out the back entrance etc.

All the time avoiding the point. "I'm mute. How the fuck do I say anything?"

Getting back to your problem. You're mute? Medically? Or just shy/nervous (sorry if this is public knowledge for everyone else)? If so, then you need to get a doctor to back this up, and then you'll probably end up giving evidence by computer. Point out to plod that it is not in their interest to have a witness who freezes on the stand and literally can't speak. The jury won't know anything about you and you'll be regarded as unreliable.

 

[ford prefect]

Can't find a clicky at the moment because I am a bit busy and lazy, but if anyone should find themselves in this situation, the Youth Justice and Criminal Evidence Act (1999), sections 16 to 33 or 34 I think pretty much cover it.

There is also a set of guidelines from the Crown Prosecution Service about how vulnerable adults should be used as witnesses, and alternative ways to present evidence, which usually takes the form of a prepared statement or prerecorded video deposition under oath.

 

[ford prefect]

Oh go on then clicky's:

Pretty sure the CPS guidelines can be found somewhere here:

Care and Treatment of Victims and Witnesses: Legal Guidance: The Crown Prosecution Service

And this is the relevent part of the Youth Justice and Criminal Evidence act:

Youth Justice and Criminal Evidence Act 1999 (c. 23)

 

[Mey]

In short you can refuse to go to court (i.e not give evidence) but if the Prosecution / Defence think that you have evidence that is vital to either side of the proceedings they can summons you, at which point if you fail to turn up a warrant for you will be issued and you can be arrested/taken to court by force.

(iirc)



Might be useful if you have a gander at this:

http://www.cjsonline.gov.uk/witness/help_and_support/

 

[Mey]

Hmm actually reading up on it I'm not sure you can openly refuse to go to court, as this in itself would be an offence. However if you fail to turn up the same summons/warrant thing applies.

I think.

Best bet though would be to go to the Citizien advice peeps and ask them.

 

[tris-]

I am almost certain that what I said previously is correct as my lecturer told me it

 

[Mey]

Were you talking about the giving the police a statement?

In which case yes you are right, the police have no lawful power to detain you unless they have placed you under arrest, or have stopped you to execute a lawful power.

 

[Kryten]

Aye, cheers FP.

I'm not mute by nature - i do have a speech issue which is grossly exasperated when under lots of pressure/stress. Otherwise most of the time, face to face I'm absolutely "normal" Because of this in the back of my mind it's gotten far worse and no amount of relaxation is helping it. Not even weed So, when it comes to getting up there, I literally have no chance of getting any words out. I really, really hate my mind sometimes but fairly stuck with it

 

[Bahumat]

Aye, cheers FP.

I'm not mute by nature - i do have a speech issue which is grossly exasperated when under lots of pressure/stress. Otherwise most of the time, face to face I'm absolutely "normal" Because of this in the back of my mind it's gotten far worse and no amount of relaxation is helping it. Not even weed So, when it comes to getting up there, I literally have no chance of getting any words out. I really, really hate my mind sometimes but fairly stuck with it

Say you've been giving so many blow jobs you've got lock jaw and cannot possibly talk. Also you have wankers cramp and that means you cannot even write your answers...oh and you have whiplash so you cannot nod your head either!

 

[tris-]

Were you talking about the giving the police a statement?

.

No, about being a witness in court etc

 

[Jupitus]

Aye, cheers FP.

I'm not mute by nature - i do have a speech issue which is grossly exasperated when under lots of pressure/stress. Otherwise most of the time, face to face I'm absolutely "normal" Because of this in the back of my mind it's gotten far worse and no amount of relaxation is helping it. Not even weed So, when it comes to getting up there, I literally have no chance of getting any words out. I really, really hate my mind sometimes but fairly stuck with it

I have a comparable but less severe problem myself. I have what doctors say is 'benign essential tremor' which basically means my hands shake. I know about it and normally I'm fine, although if I am doing any fine work like soldering I find it better if I have a couple of beers first (doctors orders, honest!). That's all well and good in the home, but at work it can be a nightmare - if I accept an offered coffee in a meeting with a client then my mind zooms in on my shaking, and it gets worse and worse and worse to the point that putting a cup in a saucer will have people in the room diving for cover at the rattling of a machine gun! The more it preys on your mind, the worse it will be, every single time.

Kryt - I would follow up on some of the advice given, particularly to talk to the plods to explain your situation and see if you can give a written statement or video evidence... good luck whatever happens fella!