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Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
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UK Law

if i have recieved a witness summons can i withdraw my statement

? if not can i... Show More
? if not can i refuse to give evidence in court
Submitted: 5 years ago.
Category: UK Law
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Ask Your Own UK Law Question
replied 5 years ago.
Hi there. Thanks for your question, I will help you with this.

No, the effect of a witness summons is that you MUST attend at the Court to give evidence. You must go and confirm that it was your statement (if it was) and that you made it etc...

If you don't attend as per the order, you might find yourself being arrested and brought before the Court.

Please press accept.

Dan
Customer reply replied 5 years ago.

 

can i refuse to give evidence in court?

Daniel Smith, Daniel Smith replied 5 years ago.
Yes, if you want to be held in contempt and fined and/or imprisoned.

Actually, there are limited exceptions, such as where the evidence might incriminate you and expose you to criminal prosecution, you do not have to give such evidence against yourself. But, if these situations apply, the Court will warn you first.

Dan
Customer reply replied 5 years ago.

 

i have been told by witness protection i need to read my statement out in court when i'm called

 

i was informed i can tell the prosecution solicitor i wish not to give evidence by arriving at court i am answering the summons, however i can not be forced into entering the court and giving evidence is this not the case then?

Daniel Smith, Daniel Smith replied 5 years ago.
You have been summonsed. You are required to attend at Court. You can tell Counsel for the prosecution that your evidence is wrong and/or that you don't want to give it. they will then need to make a decision about whether to call you or not. It might be, in practice, that if you're likely to be unhelpful to them, they would rather not have you there. However, this is their decision, and you need to attend at Court and discuss what will happen on the day.

Dan
Customer reply replied 5 years ago.

it was something that happend a year ago and i was drinking at time in truth i can't remember what happend. so i now wish not to give any evidence however i did make the statement and i have been summoned.

 

is there nothing i can do to prevent giving evidence in court without getting a fine/inprisoned?

 

 

 

 

Daniel Smith, Daniel Smith replied 5 years ago.
Well, if you can't properly recall, then you should explain that to the prosecution counsel. It's unlikely you're going to get called if you're unreliable.

Dan
Customer reply replied 5 years ago.

i was told to say this on the day "good morning you will note i have answered the terms of my witness statement, i will not however be giving evidence today"

 

so even if i say this and explain about not remembering plus drinking, and they call me i must go into the court and give evidence?

 

Daniel Smith, Daniel Smith replied 5 years ago.
Try that if you want to, but perhaps the better approach would be a mixture of the two, with the emphasis being on a genuine reason not to give evidence

Please press accept.

Dan
Customer reply replied 5 years ago.
i thinking of going to the police station tomorrow to withdraw my statement due to ht e reasons i've already st. is this possible?
Daniel Smith, Daniel Smith replied 5 years ago.
No. They will tell you they can't help you. You have a witness summons, this is issued by the Court - not the police.

Dan
Customer reply replied 5 years ago.

i'm not happy i went to the police tonight and withdrew my stament and now i don't have to attend court

 

i want my money back as clearly you stated i could not do this

Daniel Smith, Daniel Smith replied 5 years ago.
And now you're going to ignore a court summons? Oh dear.

I've asked for a refund for you.

Good luck.

Dan
Customer reply replied 5 years ago.
no i've been told by the police officer who is dealing with the case i no longer need to attend as i withdrew my statement