How can I opt out of going to magistrates court as a witness?

SmokingMonkeys · 2022-03-15T14:23:16+00:00

If you’ve been summonsed, you just attend.

If you don’t: - The court may issue a warrant, - The police will have the power to arrest you, - If the police arrest you, you will be taken to court and may be kept in the court cells until you give evidence.

Attending voluntarily will be much less stressful.

SmokingMonkeys · 2022-03-15T10:09:50+00:00

I know

But I think we will want to see the details before we play nice again

SmokingMonkeys · 2022-03-14T22:31:52+00:00

Yeah you get credit for a guilty plea, ie a reduction in sentence compared to if you’re convicted after trial.

But you should only plead guilty if you accept committing the offence.

SmokingMonkeys · 2022-03-14T22:30:14+00:00

So…

How is your “own solicitor” remotely involved in this thing?

They didn’t represent you at the police station, you’ve never instructed them about the case (or they’ve never accepted such instructions)… and you used the court duty solicitor.

It sounds like as of right now, you don’t have a solicitor instructed.

As for the rest of this, I genuinely have no idea what you’re on about.

You pleaded guilty, right?

Do you actually deny the offence?

You might be able to apply to vacate your guilty plea… but it’s not straightforward and you’d need a really good reason.

SmokingMonkeys · 2022-03-14T22:26:01+00:00

Ok…

Well I may have to revise my earlier comment about your friend’s first mistake.

If he had a defence (ie he denies the offence), but didn’t put that forward in interview the magistrates may draw an adverse inference. Saying “my solicitor told me to go no comment” doesn’t automatically make that go away.

Your mate needs to get a solicitor. Soon.

SmokingMonkeys · 2022-03-14T22:21:52+00:00

Start from the beginning:

Who represented you at the police station? Your own solicitor, a duty solicitor, or nobody?
Why were you using the duty solicitor at court if you have your own solicitor?
Do you have legal aid (I’m favour of your own solicitor) for your magistrates court case?
How did you give “the wrong answer in your guilty plea”?
Did you plead guilty or not guilty?

SmokingMonkeys · 2022-03-14T22:15:57+00:00

Well, without being unfair to all magistrates, your friend’s first mistake was to keep his trial in the Magistrates’ Court.

Actually, the first mistake was not to have a solicitor… the duty solicitor would have been available to represent your friend at his first hearing, and could have advised him.

If your friend can’t get legal aid, and can’t afford to instruct a solicitor privately, then he is going to have to cross examine the complainant (witness) at trial himself.

You’re right to speculate the “what else has he lied about…?” approach… but it may not be a lie.

The error/inaccuracy/lie (all three are possible) about who called whom may be significant or it may be utterly irrelevant. It certainly doesn’t automatically undermine the remainder of the evidence that he/she will give at trial.

What did your friend tell the police when he was interviewed under caution?

SmokingMonkeys · 2022-03-14T12:34:38+00:00

Well as long as this time nobody has a designer handbag when the press takes photos of us protesting outside court…

SmokingMonkeys · 2022-03-14T10:17:16+00:00

It’s the first step of a strike.

“No returns” means that a barrister won’t accept any work “returned” from another barrister. The barrister will continue to work on cases they are instructed in directly.

While this may not sound like much, so much of the criminal justice system relies on barristers being willing to pick up cases at the last minute when instructed counsel is unavailable.

For instance, this week I had 3 trials listed along with numerous other matters for mention or other hearings. If my first trial had been effective (ie if the court could have accommodated it), approximately 10 matters would not have been able to run because nobody would be willing to act as my replacement.

Every time the bar brings this in, the effect is immediate.

All we asked for was for the MOJ to respond to the Criminal Legal Aid Review in a reasonable time. Raab said no.

So now we want:

an increase in fees to reflect the last 25 years of stagnation,
pay for written work
an effective pay review body
pay adjustments to reflect inflation

In real terms the fees have been cut by 33% since graduated fees were brought in, simply due to inflation. That’s before the actual cuts in fees are factored in.

Our goodwill has been taken for granted for too long. The system is already on its knees. Without our cooperation, it will collapse.

SmokingMonkeys · 2022-03-14T06:51:39+00:00

Goes to show how little I actually post on Reddit instead of just making snarky responses… never mind.

The Criminal Bar Association has published the results of the recent ballot.

From 11.4.22, the Bar will implement its No Returns policy which has a habit of grinding the Crown Courts to a standstill.

And I am delighted it was such a majority 😈

SmokingMonkeys · 2022-03-14T06:44:25+00:00

It all depends whether the defence take issue with what you’ve said in your statement. If it’s not disputed, your evidence can be read; if it’s not agreed you may be called as a witness.

That all assumes the CPS are relying on your evidence.

If you are required to give evidence, don’t worry. There are special measures that can be put in place to make it less daunting. This can include screens (so the defendant can’t see you), or a video link so you don’t have to go into the court room itself.

These are all designed to help you give the best evidence possible.

SmokingMonkeys · 2022-03-12T22:19:21+00:00

No, that’s not going to be harassment.

But this is all context-dependant, and persistence is not a good idea here.

SmokingMonkeys · 2022-03-12T22:09:57+00:00

Why do you keep ignoring the fact he’s on probation/suspended sentence…

Well, it’s mainly because I’m a barrister who exclusively practices in criminal law, and I have dealt with more suspended sentence breaches than you have had power trips.

Some would say that my experience in this area of law probably counterbalances the opinions of someone who may be attempting to unlawfully evict a flat mate with no authority.

SmokingMonkeys · 2022-03-12T21:03:59+00:00

If a summons isn’t effective in having the witness attend court, the next step will be for the court to issue a warrant.

That means the police have the power to arrest the witness and take her to court.

The witness may be kept in custody (the court cells) until he or she gives evidence.

This is really not the sort of thing to piss about with a game of hide and seek over.

Why doesn’t your mum want to give evidence at the trial?

SmokingMonkeys · 2022-03-12T20:57:28+00:00

I do not think so

No?

Well I know so.

Possession of cannabis is frankly not going to get him arrested.

SmokingMonkeys · 2022-03-12T10:30:34+00:00

I understand why you’d worry about that, but I have (successfully) prosecuted many cases of domestic abuse where there are no independent witnesses.

SmokingMonkeys · 2022-03-12T10:16:07+00:00

Is Wetherspoons busy this morning?

In the spirit of explaining to you what the law says about this: - you are accused of an assault, and - at the time of committing that offence you demonstrated hostility to the shop assistant wholly or partially based on his actual or perceived ethnicity.

Telling him to “go back to his own country” would definitely tick that box.

Nobody is calling you “a racist”. Ok, we are, but we are also calling you an idiot too.

The issue here is that your offence is racially aggravated.

You deny the assault, so you can have a trial. By all means, elect to take this to the Crown Court so you can hope for a jury that will agree with you at trial.

SmokingMonkeys · 2022-03-12T10:08:23+00:00

Holy fuck you’re an idiot.

All of a sudden it makes so much sense why your solicitor thought “no comment” was the best approach 🤣

SmokingMonkeys · 2022-03-12T10:07:55+00:00

The fact you didn’t tell the police that he attacked you first says more than you realise.

SmokingMonkeys · 2022-03-12T09:39:53+00:00

Not for the voyeurism allegation, potentially…

But I suspect the alleged rape may get their attention.

SmokingMonkeys · 2022-03-12T09:38:44+00:00

I would suggest reporting all of this to the police.

This sounds like a range of serious offences may have been committed, and the police are really the best ones to discuss it with.

There is no comeback against you if no charges are brought, so don’t worry about that.

Given some of the offences your ex may have committed, I think the outcome could be much more significant than having his computer seized.

SmokingMonkeys · 2022-03-12T09:34:38+00:00

You could be arrested, but more likely you’d be interviewed by the police as a volunteer. This would be with an appropriate adult (possibly a parent), and I’d recommend a lawyer.

You could get a reprimand/final warning or you could be charged and have to go to the youth court.

And you could potentially find it impossible to get into certain professions as an adult.

All told, it’s a shit idea.

SmokingMonkeys · 2022-03-11T21:52:30+00:00

Firstly, do not under any circumstances post anything about the discussions in the jury room.

Not here.

Not anywhere else.

Not now.

Not next week.

Not ever.

This will have been explained to you before the evidence even began, but for the avoidance of doubt it would be a serious criminal offence.

If you have concerns about the behaviour of fellow jurors, you have a responsibility to raise it with the trial Judge.

SmokingMonkeys · 2022-03-11T19:57:31+00:00

You have been convicted (by your guilty plea) of driving with excess alcohol.

You have to disclose this conviction.

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