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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice.
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I called the police to me partner recently as I believed

Customer Question

Hello I called the police to me partner recently as I believed he had locked me in his car with my child. The police arrested him for drink driving and assult, as I had a scratch from him grabbing my phone off me. child services assesed me and have said they are closing the case. My question is can I withdraw my statement or not go as a witness to give evidence? I really wish I hadn't called the polive now but needed assistance getting out the car, which he later opened before they arrived
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Have you done this before? Either in this relationship or in others? Obviously we all have these rows but we don't all call the police to them. It will change everything if you have or have not.
Customer: replied 1 year ago.
No never before
Expert:  Jo C. replied 1 year ago.
Ok.Does the drink driving rely on your evidence or did the police either see it or has he admitted it?
Customer: replied 1 year ago.
The police say they have it on cctv, but he wasn't caught in the car, he was outside holding the keys. So my statement does state that he was driving
Customer: replied 1 year ago.
He is denying the drink drive offence
Expert:  Jo C. replied 1 year ago.
Has he admitted that he had driven?
Customer: replied 1 year ago.
No he said he never drove the car
Expert:  Jo C. replied 1 year ago.
Does the CCTV show him moving?
Expert:  Jo C. replied 1 year ago.
The car?
Customer: replied 1 year ago.
Well that's it, I don't know. They police told him they have, but they may have said it so he would admit to driving. What I want to know is if I'm called as a witness, do I have to attend? Or could I withdraw my statement?
Expert:  Jo C. replied 1 year ago.
No. It is not that simple.You cannot just withdraw your statement. Now that you have called the police the case is no longer yours. The statement is taken and it will be used against him. There is nothing you can do about that save, of course, for the future not make reports to the police.What you can do is tell the police that you don't want to support a prosecution. They do have a policy of summonsing. Overall, I think they probably would here. You don't have a history of doing this which is helpful but you have said it took place in front of a child and there is a drink driving so they are going to say it is in the public interest.If they do summons you and you don't attent then that is a contempt of court but they won't prosecute that. What they may do is seek a witness warrant for your arrest. It is fairly unlikely that would happen. That is something that is preserved for women who have been real problems for the police. But it could.If there is evidence of a drink driving though they will prosecute that and he will be convicted and banned whether you give evidence or not.I'm afraid that is what happens when you call the police to domestic rows now. I realise that is probably something you have realised already but the days when people had control of a prosecution have gone.Can I clarify anything for you? Jo

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