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Can I Be Forced To Giv4 Evidence?
I submitted a withdrawal statement to the police regarding a common assault allegation against my husband giving reasons why I want to withdraw and requested that proceedings be stopped against my husband but the officer said she would summon me and even arrest me if needed. First of all how likely is this? Or should this happen I want to know whether I can refuse to give evidence in court or Can I be forced to give evidence.
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See chapters 5 & 6 for general guidance : http://www.c
18:51 Wed 15th Jan 2014
If you refuse to give evidence you will be in contempt of court and could be sent to prison. You could also be charged with attempting to pervert the course of justice, which can also carry a hefty prison sentence.
This link relates to rape, rather than to assault, but the principle is the same:
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This link relates to rape, rather than to assault, but the principle is the same:
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Read section - Withdrawals in Domestic Violence cases
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If there is sufficient evidence to proceed in existence already (either furnished by you or by independent witnesses) then the CPS may choose to proceed with the case and treat you as a 'hostile' witness.
If you havn't already given a statement then it is unlikely this course of action will be followed.
You can be summonsed to appear and if you fail to do so you could be arrested and brought before the court - in a case of common assault with no aggravating factors this would be unlikely as it would be deemed 'not in the public interest'. Having said that there is quite an aggressive prosecution policy in cases of domestic violence because of all the furore a few years ago about the Police doing little or nothing in many cases.
Please bear in mind my experience is from a few years ago and may differ from the policy in your area.
If you havn't already given a statement then it is unlikely this course of action will be followed.
You can be summonsed to appear and if you fail to do so you could be arrested and brought before the court - in a case of common assault with no aggravating factors this would be unlikely as it would be deemed 'not in the public interest'. Having said that there is quite an aggressive prosecution policy in cases of domestic violence because of all the furore a few years ago about the Police doing little or nothing in many cases.
Please bear in mind my experience is from a few years ago and may differ from the policy in your area.
The CPS has a policy of proceeding with domestic violence prosecutions with or without the alleged victim’s co-operation as far as possible. In the past enormous amounts of police, CPS and court time was wasted on prosecutions where the victim had withdrawn their co-operation. There was also a widespread belief (probably with good basis) that many victims were being intimidated into retracting their evidence.
That’s the background, now for the practicalities. Having made an initial statement making the allegations this cannot be withdrawn. It is in the hands of the police and the CPS and remains so. What you term your “withdrawal” statement is simply an addition to the information you have already provided. If your husband pleads not guilty and the matter goes to trial, unless he agrees to your evidence being read to the court (which is most unlikely) you will be asked to attend court. If you fail to do so the CPS may ask the court to issue a witness summons and this request will almost certainly be granted. Once you have been served with this summons you will be committing an offence if you do not attend. You may face arrest and if necessary will be brought to court on the appointed day.
Assuming you do eventually get to court, if you refuse to answer questions you may be declared a “hostile witness” and will be liable to cross-examination by the prosecution. You may be questioned as to why there is a substantial difference between your first and second statements.
All this gets very messy. You would be well advised to continue your co-operation with the CPS. You can ask, as the victim, to have your views made known to the court and it is far better to do this whilst you are co-operating with the prosecution.
Finally, the reason this is now CPS policy is that perpetrators of Domestic Violence rarely “get better”. In fact, statistics show that in a vast majority of cases they get worse if their actions remain unaddressed. Better to deal with it now.
That’s the background, now for the practicalities. Having made an initial statement making the allegations this cannot be withdrawn. It is in the hands of the police and the CPS and remains so. What you term your “withdrawal” statement is simply an addition to the information you have already provided. If your husband pleads not guilty and the matter goes to trial, unless he agrees to your evidence being read to the court (which is most unlikely) you will be asked to attend court. If you fail to do so the CPS may ask the court to issue a witness summons and this request will almost certainly be granted. Once you have been served with this summons you will be committing an offence if you do not attend. You may face arrest and if necessary will be brought to court on the appointed day.
Assuming you do eventually get to court, if you refuse to answer questions you may be declared a “hostile witness” and will be liable to cross-examination by the prosecution. You may be questioned as to why there is a substantial difference between your first and second statements.
All this gets very messy. You would be well advised to continue your co-operation with the CPS. You can ask, as the victim, to have your views made known to the court and it is far better to do this whilst you are co-operating with the prosecution.
Finally, the reason this is now CPS policy is that perpetrators of Domestic Violence rarely “get better”. In fact, statistics show that in a vast majority of cases they get worse if their actions remain unaddressed. Better to deal with it now.
The police and CPS are used to statement being withdrawn particularly by spouses but if they have enough evidence without you they will probably proceed and remember if you do give evidence you will have to affirm or give an oath that it is the truth. The chance of you being arrested or being charged does exist; I would strongly suggest you give your evidence.
thank you all for your advice/suggestions. I would like further clarifications on a few more points if you do know the answer. I have given a 4 pg withdrawal statement to the police specifying my reasons for the withdrawal and adding highlighting the overall good character of my husband (no previous convictions etc), the fact that I did provoke him, the impact on my life if prosecution was to continue etc. I now would like to know first: 1. whether the police will get back to me to inform me about their decision after consulting with the CPS 2. should I post a copy of the withdrawal statement to the court as well. 3 If I am summoned and go to court I have decided not to give evidence and hence will be a hostile witness - what are the consequences? can they prosecute/charge me if I refuse to speak?
Your further points:
1, Yes, the officer in the case has a duty to keep in touch and inform you of what is happening.
2, No, the oic will pass it on but take a copy to court with you in case it has 'got lost'
3, You will have to play this by ear, if you refuse to answer you could be held to be in contempt of court and end up getting yourself in bother. The person you should be speaking to about this is the prosecutor in charge of your case really
I was the office manager in a domestic violence unit for several years and I can vouch for the veracity of New Judges last paragraph - think long and hard.......
1, Yes, the officer in the case has a duty to keep in touch and inform you of what is happening.
2, No, the oic will pass it on but take a copy to court with you in case it has 'got lost'
3, You will have to play this by ear, if you refuse to answer you could be held to be in contempt of court and end up getting yourself in bother. The person you should be speaking to about this is the prosecutor in charge of your case really
I was the office manager in a domestic violence unit for several years and I can vouch for the veracity of New Judges last paragraph - think long and hard.......
If you refuse to give evidence the court will assume that you are so scared of your husband that you dare not speak, it will make it worse for him.
You need to give evidence and explain why you want to retract the first statement. The court will want to ask you questions to make sure that you were not forced or threatened into changing it.
.Common assault is a minor offence there is NO CHANCE AT ALL of your husband being sent to prison for this.
You need to give evidence and explain why you want to retract the first statement. The court will want to ask you questions to make sure that you were not forced or threatened into changing it.
.Common assault is a minor offence there is NO CHANCE AT ALL of your husband being sent to prison for this.
See chapters 5 & 6 for general guidance :
http://
http://
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