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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice.
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My daughter has been a withness to an incident with her

Customer Question

Hi there Daniel
My daughter has been a withness to an incident with her boyfriend at the time who is now haveing GBH charges brought against him and a case is being made by the CPS as such with a date set for the 11th January. It has been postponed 2 already while they build the cae.
The predicament I am now in is that this has delayed my daufgters entry to the RAF due to a case pending even though Molly was only a witness.
We have an intake in December and the Case worker says there is nothing we can do till 11th Jan in this instance Molly will miss the intake and remain on social for another 6 months ?
Can Molly Withdraw her statement
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello, was she the victim in this GBH incident?

Customer: replied 1 year ago.
HI Sorry
Didnt make it clear.
Molly was not the victim it was an scuffle between her boyfriend at the time and another chap.
Molly gave a statement to the police and as such this is now stopping Molly from the December intake of the RAF.thank you
Customer: replied 1 year ago.
The case has been adjourned 2 already so this has stopped Molly from getting into the RAF.
Expert:  Jo C. replied 1 year ago.

Why should it stop her joining the RAF?

Customer: replied 1 year ago.
it would be good to get a response to the question please?
Expert:  Jo C. replied 1 year ago.

I need the information I asked for?

Customer: replied 1 year ago.
HI JoI did respond obviously you didnt get it, sorry.My Daughter was not involved in the incident it was her boyfriend and another chap she was purely a witness.
She has now not been able to apply for the RAF intake untill this appears at court. The case workers has stated that until january 11th there is nothing she can do this means Molly cannot go for the December intake again.
The case started in May 2014 and has been adjourned twice I find this unfair, can Molly withdrwaw her statement...
thank you
Customer: replied 1 year ago.
it stops her joining the intake within the RAF as she may have to appear at court and as such they cannot enlist anybody onto the entry scheme with a court case pending even if she is a witness (this is what they stated to Molly)
Customer: replied 1 year ago.
Molly was not the victim in this she was purely a witness?
Expert:  Jo C. replied 1 year ago.

Yes, I understand.

It is complete nonsense that the RAF cannot take her. They take people all the time who are witnesses. Servicemen are generally witnesses by defintion.

However, she can't withdraw. She has made a statement. The case is no longer hers. What she can do is tell them she is no longer willing to give evidence but then they can summons her which they probably would. They have become very free with that legislation. She is not the victim and so doesn't even have that protection.

Sorry but that is the reality. If you want to avoid involvement in cases and all the ensuing hassle the way to achieve that is to refuse a statement. Nobody can force you to make a statement in the UK.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
The RAF have suspended her application until the court case is over!
so we can do nothing?
Expert:  Jo C. replied 1 year ago.

Well, that is unreasonable of them but the military can be sometimes.

If she has made a statement they will just summons her if she tries to retract. She can try. She might be lucky. I wouldn't rely on it.

Customer: replied 1 year ago.
I understand what you have said but my daughter was 18 at the time and wasnt as such involved with the incident purely a witness, however police cajoled her into making a statement.
I guess she will have to withdraw and see if they wish to press charges against my daughter it either that or she cannot join the RAF it the whole judicial system that makes me laugh....:-( common sense may one day prevail.
Expert:  Jo C. replied 1 year ago.

Yes, they will do that. You can always refuse though. In fairness, if she is going to be an airmen then it gets a bit difficult to argue that she wasn't capable of refusing to make a statement.

They won't press charges against her. They could bring a contempt but there is no point as they want her to give evidence. They will just summons her to court.