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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My mother and I did retracting the statement, and my dad due

Customer Question

My mother and I did retracting the statement , and my dad due to appear at the crown court next month as he pleaded Not guilty at the magistrate court , but the CPS still want to take action of ABH on me , and my mother , if we go away , not being at the address and do not attend as a witnesses , as we do not wish the action to be taken further , my question is will my dad still be convicted without us being there as witnesses ? or the case will be dropped as there are No witnesses ? please help as we do not want him to be sentenced , and what will happen to us ?
Submitted: 1 month ago.
Category: UK Law
Expert:  Stuart J replied 1 month ago.

The days have gone when a domestic incident, assault, or rape could be reported, and then the complainant could “drop the charges”. Now, it gets referred to the CPS and therefore once you have made the complaint, you have set in motion a rollercoaster which it’s not possible for you to stop.

If you are summoned to court as a witness, which you could well be, and you don’t attend, then you will be in contempt of court and liable to arrest.

If you withdraw your statement and say that it didn’t really happen, or that you are exaggerated, could face prosecution for wasting police time.

What you could do is attend court and then refuse to go into the witness box. It is still contempt of court but it is rarely prosecuted although there is a risk.

If you expressed to the CPS, your reluctance to give evidence, then the CPS may then drop the case through lack of evidence because they don’t want a witness who is “hostile” (of no use to them).

In a domestic violence matter, if there is a restraining order or bail condition then either victim or alleged culprit can make an application to court to have the order or condition revoked and you of course would say that you are happy for that to happen. There is no standard form, it is simply a case of writing to the same court.

A person cannot consent to be assaulted and therefore the court will not automatically revoke a restraining order or bail condition just because the person has agreed to it. However it does make it very difficult to enforce because it would generally only be enforced if the alleged victim actually made a complaint. There is no standard form to apply to court, it’s simply a case of writing to the court to get the restraining order or bail condition moved if that’s what you wish.

Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively. If you don’t rate it positively I don’t get paid.

You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards this

Stuart.

Customer: replied 1 month ago.
Dear Stuart
Thank you for your reply , I need to ask you , you mentioned that : I attend court and then refuse to go into the witness box , will the judge then can send my dad to prison or the case will dropped , as I refused to go into the witness box ?
Customer: replied 1 month ago.
Dear Stuart
Thank you for your reply , I need to ask you , you mentioned that : I attend court and then refuse to go into the witness box , will the judge then can send my dad to prison or the case will dropped , as I refused to go into the witness box ?
Expert:  Stuart J replied 1 month ago.

I can’t guarantee anything. I can’t guarantee that you wouldn’t be prosecuted for contempt for refusing to go into the witness box. It is possible but rarely prosecuted.

I can’t guarantee that they will drop the case, it depends on how compelling the evidences. For example, if your mother had physical bruises, it’s likely that it would go ahead in any event. It depends whether both your evidence is imperative to a successful prosecution

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