[PatG]

Folks, someone I know has been summoned to court and has to give evidence against someone they know. Is there any way of getting out of this situation as the individual in question does not want to do this as there could be some nasty repercutions(sp?).

I would greatly appreciate any advice here.

Cheers P.

 

[Aidy]

Folks, someone I know has been summoned to court and has to give evidence against someone they know. Is there any way of getting out of this situation as the individual in question does not want to do this as there could be some nasty repercutions(sp?).

I would greatly appreciate any advice here.

Cheers P.

No way out of it I'm afraid.

 

[PatG]

S%%t!!!! They will need to watch their back i suppose. :kloguck:

Thanks Aidy, much appreciated.

 

[EGK]

depends how well connected this guy is? could he approach him and work out w deal as to what to say?

 

[Gicho]

If he doesn't want to go, he doesn't have to. At the end of the day they can't force him to talk.....they will tell him off a little and that about it. If what you say is right, then surely this option will be better than having his head kicked in.

 

[Aidy]

Originally posted by Gicho

> If he doesn't want to go, he doesn't have to.

WTF? If you are summoned to court you must attend.

> At the end of the day they can't force him to talk.....

If you attend and say nothing you will be charged with contempt of court.

> they will tell him off a little and that about it.

No, they will jail him.

You know, Pat, you really should avoid asking legal advise on this forum cos you're almost guaranteed answers like this one.

 

[j1mbo]

Aidy is right with this one. as usual.
The general rule is that all people are presumed to be competent to give evidence except for a few exceptions outlined in the Youth Justice and criminal Evidence Act.
All people who are competent to give evidence are compellable to give such evidence. Except for spouses as shown by s80 of PACE.
So unless your mate can prove that he is a few bricks short of a lego set, or is married to the accused hes gonna have to give evidence.
Failure to do so, as Aidy said WILL result in them being held in contempt of court. Which WILL result in him being locked up.

 

[johno7]

I agree that he has to go and he has to give evidence. However he doesn't have to do it well. If his evidence happens to be sketchy and he can't remember things or if he contradicts himself what can they do then? They can't do him for performing poorly in the witness box! Providing he doesn't tell any lies there isn't anything they can do, is there?

 

[Gicho]

> If he doesn't want to go, he doesn't have to.

WTF? If you are summoned to court you must attend.

> At the end of the day they can't force him to talk.....

If you attend and say nothing you will be charged with contempt of court.

> they will tell him off a little and that about it.

No, they will jail him.

You know, Pat, you really should avoid asking legal advise on this forum cos you're almost guaranteed answers like this one.

I can see this will end up in tears.

 

[j1mbo]

I can see this will end up in tears.

Yeah yours. You are wrong.

 

[Gicho]

Yeah yours. You are wrong.

Read my posts....I was saying who was right or wrong. All I said was, if he REALLY doesn't want to go, then he doesn't have to. If he gets into bother because of it thats another story. If I was scared enough, I myself wouldn't go...no matter what happens to me.

 

[j1mbo]

I agree that he has to go and he has to give evidence. However he doesn't have to do it well. If his evidence happens to be sketchy and he can't remember things or if he contradicts himself what can they do then? They can't do him for performing poorly in the witness box! Providing he doesn't tell any lies there isn't anything they can do, is there?

Technically no. But im guessing that he has already made a statement to the police. The problem is, this can be read out in court or used by the prosecution to "refresh" his memory. This then leads to the problem. of; "oh look im in court giving my evidence anyway, and i have to keep agreeing with everything that **** over there says"

So basically hes still giving the evidence.

 

[j1mbo]

Read my posts....I was saying who was right or wrong. All I said was, if he REALLY doesn't want to go, then he doesn't have to. If he gets into bother because of it thats another story. If I was scared enough, I myself wouldn't go...no matter what happens to me.

And you didnt feel like telling the pat about the possible "trouble" his mate could get in. Like the criminal recrd that would affect him getting things like insurance, and credit etc.

And they actually can make him go. The police can actually arrest the bloke and take him to court to give evidence.

 

[Gicho]

And you didnt feel like telling the pat about the possible "trouble" his mate could get in. Like the criminal recrd that would affect him getting things like insurance, and credit etc.

And they actually can make him go. The police can actually arrest the bloke and take him to court to give evidence.

Look, if he REALLY doesn't want to go(for what ever reason) then he wont. Take it how you like. If this guy is scared to go, then don't go. If he thinks its not worth the hassle from the police, then go. I don't think I could put it any simpler. I don't care if he gets in trouble, he sounds like he is in trouble anyway. This is not advise and if it was, he doesn't have to take it. I'm not interested about being right or wrong because it doesn't matter. BUT if you are asking me(which your not) if it was me, I wouldn't go. Right or wrong. But thats just me, each to their own.

 

[Steve C]

Folks, someone I know has been summoned to court and has to give evidence against someone they know. Is there any way of getting out of this situation as the individual in question does not want to do this as there could be some nasty repercutions(sp?).

I would greatly appreciate any advice here.

Cheers P.

Pat, if its serious as you say they need to get proper legal advice - period.

 

[Gicho]

Re: Re: Legal advice

Pat, if its serious as you say they need to get proper legal advice - period.

Actually....this is the best advice. Top man.

 

[PatG]

Wow!! Can of worms anyone?!! :crackup:

My father was a lawyer, and my big bro is a lawyer I just wanted to see if anyone had any 1st hand experience....

Anyway its in the capable hands of big bro now - cheers for the comments though, kept me amused