Court procedure question.

Discussion in 'General Chat' started by lynx, Aug 19, 2013.

  1. lynx

    lynx
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    I've been sited to appear as a crown witness. The defendants solicitor has been hounding me to provide a statement, the solicitor claiming they are entitled to take one from me and can ask a sheriff of the court to assist in obtaining one which i would have to give under oath.

    Is this indeed the case? The case is to be heard in a Scottish court.
     
  2. Duncan G

    Duncan G
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    Ask the Crown Solicitor.
     
  3. TsaraBomba

    TsaraBomba
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    I think they can issue a summons against you to testify in court depending on the severity of the crime. But I think that you can get out of it "if" you suffer anxiety / panic attacks etc
     
    Last edited: Aug 19, 2013
  4. 961

    961
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    I would resist and suggest you say you will respond only if the sheriff instructs you to do so

    This may help http://www.dwp.gov.uk/docs/fraud-guide-court-hearings-scotland.pdf although it relates to fraud cases it does give general guidelines

    Alternatively consult citizen's advice or phone a local sheriff court for advice

    IMHO a statement given in advance of the court hearing in writing could leave you open to all sorts of difficulty when you are called to give evidence
     
  5. RBZ5416

    RBZ5416
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  6. IronGiant

    IronGiant
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    ^What he says. The people who have asked you to stand as a witness should be advising you I would have thought?
     
  7. Anthony-Howard

    Anthony-Howard
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    Perhaps but only if you do indeed suffer anxiety and/or panic attacks. I personally wouldn't be so quick to advise somebody lie in a potentially serious situation such as this. Especially if there may not be medical proof to support this claim.

    The court representative should be able to advise of rights and obligations in this matter. They should be more than willing to help.

    Cheers,

    Tony.
     
  8. TsaraBomba

    TsaraBomba
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    I meant to delete anxiety part out before posting. :blush: :facepalm:
     
  9. RottenFox

    RottenFox
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    With the case I was a witness in, regarding the nutter from over the road, I told her solicitor that I wasn't going to speak to them, as I had already given a police statement, which they have access to, and that I wouldn't be speaking to them, so no more contact, and that that was my statement.

    Nothing more heard or said, till the case, which went well, she got 6 weeks in Cornton Vale.

    Also heard in a Scottish Court.
     
  10. Anthony-Howard

    Anthony-Howard
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    Or just replace the words 'saying that' with 'if'!

    Cheers,

    Tony.
     
  11. TsaraBomba

    TsaraBomba
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    Fixed that now :smashin:
     
  12. IronGiant

    IronGiant
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    I thought the point is they are a witness for the Crown ie the prosecution and are being pestered to help the defence solicitor, it's nothing to do with getting out of being a witness?
     
  13. lynx

    lynx
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    That's the long and the short of it. Rather not become involved with their solicitor.
     
  14. Mr.D

    Mr.D
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    You are a witness for the prosecution , if you have made any formal statements it will be passed along to the defense with anything else of relevance. if you are going to testify in court then you will say your piece in court and the defense will have the option of cross examining you.

    Ignore the defense solicitor.
     

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