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Criminal Law? You see a robbery and 2 men running away?
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Criminal Law? You see a robbery and 2 men running away?

They want to call you as a prosecution witness but you refuse because it clashes with something important.

Can the court still use this evidence. Can they still use the things you told the police. Is that then not classed as hearsay evidence because you are not there to give a first hand account of what happened?


    

vambo number five
If they call you as a prosecution witness, you can't refuse.


Doethineb
Rating
If you are an essential witness, then the court will work around your availability. You will be asked for a list of dates to avoid.

If a trial date is set and you fail to turn up, then a witness summons can be issued against you to secure your presence in court. http://www.swarb.co.uk/acts/1965Criminal_Procedure_Attendance_of_WitnessesAct.shtml

Your statement will be of no value, as the defence are entitled to be able to cross examine you on what you have said. They may waive this right, where they so choose, but they are unlikely to do so in the case of a material witness.


prince_henry
Rating
if you are a witness then you have to be there in court
how would you like it if some one accused you of something and just left a statement there.
how can your Lawyer cross examine a statement, how could he put it to a statement that in fact what it says it saw was in fact some-one else.
it cant you would be subpoena to appear and if you did not you would be charged with con temp of court
and if the case ends up being dropped you could end up paying the costs


crazylozfan
I think the polices word on what the witness told them is as good as the witness being there





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