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Hello my name is ***** ***** I will help you.
Just to be clear, the witness statement you gave, was that true or untrue?
Ok. You need to give a statement saying that you do not support the prosecution. The police may or may not drop the case.
Don't say it's untrue just that you do not support it. The police could drop it. If they do not then you could refuse to give evidence.
Can I clarify anything for you about this today please?
Unlikely. You can take a solicitor with you whilst you give a statement not supporting the prosecution.
Does that Clarify?
No. Retraction is where you say you made it up. This is giving a statement saying you don't support the prosecution which is different.
Does that clarify?
None of these are acceptable.
The only one is not willing to support the prosecution - that is it.
Correct. That is it. They could try and issue a summons but you just make sure you are out that day.
Or go to Court and just dont say anything.
No, if you dont remember you dont remember. As for the summons, people get those all the time and dont turn up at Court. In 99% of cases nothing happens. The 1% the Police go round and pick the person up and take them to Court.
So that is why I said, make sure you are not home that day.
The Judge will want to go ahead
Yes they would proceed without you.
Does that assist?
Because the prosecution HAS to PROVE that it happened.
Without you there they can NOT
It may collapse and he could walk free yes.
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No. They cant prosecute you.
Both. Yes I am a Solicitor of the Senior Courts of Her Majesty's United Kingdom of England and Wales.
They might, but as we have discussed already you can not be at home that day.
Very unlikely but possible
Does that clarify all of your questions?
The same advice applies. I have already outlined what you should do - give the statement and make Sure you are not home on day of trial.
They may or may not. But if you dont withdraw you WILL have to attend.
So its up to you. You either withdraw and see what happens, or you dont withdraw and you go to Court and give evidence against your partner.
Do you have any other questions?
My name is ***** ***** I have been a solicitor for more than 35 years.
IN fact Jo is correct - if you tell them in advance they will summons you.
If you are determined to help your husband in this way then you should attend court, enter the Witness stand and simply say that you have no memory of events and do not wish to give evidence - you cannot be forced to do so - nor penalised for not doing so
However you also need to be aware that Social Services will be involved with regard to the possibility of your husband returning to the family home whatever the outcome of the case