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  #31  
Old 25-Jan-2006, 10:57
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Mood: All that is necessary for the triumph of evil is that good men do nothing
Yes they can. It's called a subpoena and to ignore or disobey such is contempt of court punishable with a custodial sentance in extreme cases.

If you subsequently attend court but refuse to say anything, that to COULD be seen as contempt of court.

I am no legal eagle, but I would suggest calling their bluff and saying the most they will get out of you is a written statment. I doubt they would go to the lengths required to issue a subpoena.

A bummer, that's for sure.
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  #32  
Old 25-Jan-2006, 11:02
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Mood: All that is necessary for the triumph of evil is that good men do nothing
Having thought about this a bit more, I would LIKE to think I would be brave enough to go to court and see these scum behind bars.

My stepson was recently the victim of crime on two seperate occsasions, one an armed mugging, and the second when scum smashed the window of my car and nicked my GPS and he was sitting in the car at the time! He is now extremely freaked by all this and frequently has nightmares. If we are going to be intimidated by these b*******s, then all is lost.

It's a tough one Nat, and I'm not in your shoes. You need to speak to plod again and tell them how disturbed you all are by the possible consequences. Sounds to me that your evidence is only corroboration.

God luck mate, I hope you make the right decision. Only you can know what that might be.
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  #33  
Old 25-Jan-2006, 11:05
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Nattyboy Nattyboy is offline
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Incredible isnt it ? You chase a car into the night to help the old bill, and you end up potentially risking your familys safety by being forced to go to court.

The WPC deffo put it in my statement that I wouldnt attend and my wife heard her say she accpeted that.

If they force me i'll make it clear i'll go, but my memory may not be up to it, and I'd be concerned that my appearance/evidence may be 'counter productive ' in them getting a conviction (ie; I would do more harm than good)..they cant penalise you for having a 5hite memory can they..(which I genuinley do anyway!)

Id be interested for other views on this..

Nat
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  #34  
Old 25-Jan-2006, 11:11
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Mood: All that is necessary for the triumph of evil is that good men do nothing
If you feel that strongly, it might be better to simply go straight to the Chief Constable or even the Director of Public Prosecutions and tell them straight, As I said earlier, it sound like your evidence is secondary and not as important as perhaps police evidence.

However, if these scum get a slimeball lawyer on the case, he could well attempt to have your evidence struck from the record as he is unable to cross examine you.

Personally, I think slimeball lawyers who defend these scum should do the same sentence when they are convicted. Pleading Not Guily is simply a tactic
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  #35  
Old 25-Jan-2006, 11:35
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Its a tough one Nat...I know as I went through the same decsion process about a year ago.

I witnessed people acting suspiciously around our local village post-office whilst leaving work in my car. However, one of them ALSO CLOCKED ME leaving my small office and gave me serious attitude! I drove off thinking about what I had just seen, trying to figure out if it was just my imagination running away with me, when I decided to turn around and go back just to put my mind at rest...where I met what was clearly the get away car leaving the village at speed. I followed it for a while and could see it contained about 3 or 4 guys..and didn't want to get involved (obviously)...so followed for a short while, before they turned into a car park at a train station.

No sooner had I continued up the road to turn around, there were cops everywhere coming from the main town, obviously the Post office guy had called them.

After returning to work to see if anyone else had noticed all this going on (police helicopter over head etc)...I decided to pop down to the post-office to see if I was imagining it all, were the PO master informed me he had just been held up by 3 guys with 'shooters'!

Anyway...eventually the police came to get my details and for a statement...and as you say Nat, started asking if I would give evidence etc.

My concern was that the guy had seen me leaving my small office, where I used to go to work everyday! He would also see my face in Court! UHMMMM!

As it turned out, they had done several local village PO's and the police had shedloads of evidence against them. They where using the money for drugs etc. They pleaded guilty and therefore I didn't have to attend...but I had a few sleepless night thinking about it beforehand I can tell you.
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  #36  
Old 25-Jan-2006, 22:51
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chrisw chrisw is offline
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When you gave your statement did they complete the back of the form in your presence? It should detail things about whether you feel intimidated and require special measures putting in place at court. The officer is required to sign this and you are also required to sign the back of the form to acknowledge reciept of a document explaining about being a witness.

Read this CPS link re special measures:

http://www.cps.gov.uk/publications/p...itnesseng.html

At the end of the day, it's your call whether you are a witness or not. Yes they can witness summons you to court and that does carry penalties if you don't respond. If you get to court and say nothing then you are in contempt.

This probably doesn't help you. However, someone has to take a stand. It can't always be someone else.

Let's hope they plead at court and you don't have to go through what is an arduous experience.
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  #37  
Old 25-Jan-2006, 23:07
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I'll have a chat with you over a fews beers on Friday about this mate.

I had this dilemma years ago over an assault case. Went through the whole ID parade, court case etc. etc.

The bonus was that I was able to give my address as an Army camp (in N.I. - the case was in Lincoln) gving me a fair degree of anonymity.

Not sure if you would have to divulge your personal address - especially if there could be repercussions.......any legal eagles on here able to advise??

Jacko.
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  #38  
Old 26-Jan-2006, 11:20
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Bloody hell Nat what a quandry to be in. As some others have said, I'd like to think that I'd be brave enough to stand up in court to put these *******s away. When it came to it probably wouldn't as i too have a young family and these people and their friends do tend to have long memories.

Best of luck with it in any case.

Some other amazing stories on this thread, makes my life seem so tame!!!
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  #39  
Old 26-Jan-2006, 17:09
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Mood: He's not happy {:o( He's back at sea!
Nat, oohh dah man. Some nasty bast*rds about.
They need putting away before they kill someone.

You can ask to do the appearance by video link so you don't have to appear in person, and also request your address is confirmed but not read out in court.

Closest I've got to that was flashing a guy to pull in front to turn down the slip way of the M61 and then having him cut me up at the round about a bit further on; he jumped out having taken exception to me flashing him, I jumped out, he pushed me backwards against the bonnet of my car, so I kicked him in the bo**ocks and he backed off. Then out of nowhere the feds turned up. They had a word with us and we drove off.
All got settled but it is scary.

Ains.
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