It appears I have to go to court

[robert.saunders]

You may recall this thread:

http://www.mbclub.co.uk/forums/showthread.php?t=44002

I was (un)lucky enough to witness a nasty little accident.

I received a letter today from Cambs Constabulary stating Mr XX attended Magistrates for pre-trial review and pleaded not guilty to "Drive without due care and attention" charge.

A trial date has been set and I am to attend the hearing to give evidence.

 

[edthedead]

Don't worry about it too much, it's pretty straight forward. Chances are the prosecutor (CPS laywer) will just read out the statement you have already given and ask you to confirm that it is still correct.

 

[robert.saunders]

Hope so! Never given evidence like that before, it's almost exciting

 

[Gucci]

OBJECTION (over-ruled) ORDER!

 

[carnut]

If you are a little nervous either go to your local magistrates court one morning and sit in as a member of the public to get a feel for the situation, or turn up early at Cambs magistrates on the day to settle yourself in,

Its just a different environment but it neednt be threatening at all really.

Dont forget you are one of the good guys that day!:bannana:

 

[smillion]

One of my clients is a Private Hire owner/driver (Merc S class) and he has just been appointed as a Magistrate. I had no idea that the role of Magistrate is unpaid voluntary work, (for which there is obviously training) - if I did have a preconceived idea of what a Magistrates Court, and indeed the magistrate, may be like, it has now changed.

 

[glojo]

Mischievous post

Hi Robert,
Having read your previous post you have nothing to worry about.

You admitted to travelling at 85mph and I would assume the prosecution will accept your opinion and the court will punish you according to the scale they have in front of them.

I doubt you will be sentenced to a lengthy period of imprisonment, but take lots of soap and a complete wardrobe of fresh clothing.

Hopefully the foo will be okay, but if not I will contact the Red Cross and see if they will send you some food parcels.


Ooops; just realised you are a witness

Good advice about attending the court just to hear how witnesses are treated. I would not listen to a case involving your parking attendants as you will soon see what a laugh our system has become but I would suggest you do not get involved in any game of offering an opinion. I would suggest you try to keep your answers as brief as possible and remember you are always addressing the magistrates. Both the prosecution and defence may well ask you questions, but your answers should be addressed to the court (magistrate)

Solicitors think it clever to try and twist your answers, and perhaps make you say words you don't mean. Don't be brow beaten; be honest and say exactly what you mean and word it in a way YOU understand and don't listen to a legal interpretation and then alter your wording.

Short answers are far better than long winded waffle.

Don't worry about your speed. You said it, it has gone on record but it was probably only a short burst to get out of the way of an overtaking car or some similar excuse.

If you want a character witness, then don't call me

Good luck and don't worry,

Hopefully both parties will accept your evidence and you will not be called.

Regards
John the stirrer

 

[Swiss Toni]

I completely understand why anyone would find giving evidence in court intimidating, but the advice above is good - go in a few days before and sit in the public gallery - its better than watching the TV!

IMO Saying in evidence that you were travelling at 85mph will actually improve your credibility. The cops elected to deal with that by giving you words of advice (great thing about them having discretion) and being up front will make it clear to the bench that you are telling it as you saw it.


I recently sat in on a case where a yoof ended up being asked to hand over his driving licence - he reached into his baggy jeans and pulled out said licence.
In one arc, he moved his hand from pocket to outstretched towards the Clerk of the Court.
The Clerk was stood directly in front of the stipe magistrate, so when the condom that he accidently pulled out at the same time flew through the air, it hit the magistrate in the chest.

I think it was the best anyone in the room could do to keep a straight face...




Let us know how it went.

 

[robert.saunders]

My signed & submitted statement cleverly didn't mention my speed; that was a verbal admission to the traffic plod at the scene.

However, I will pack an overnight bag when I attend

 

[Ted]

Hangings too good for him!!

 

[LeighW]

I attended court as a witness to an accident, to be honest, it was quite interesting.

I had been following a Freelander when a 'yoof' rounded a bend, lost control and hit the Freelander head on. It was quite nasty, all occupants were trapped, but fortunately noone was killed.

Anyhow, I gave a statement to the police at the scene, and when it eventually got to court over a year later , I was told to attend. I was allowed to see my statement beforehand to refresh my memory, and basically I was just questioned on what I'd seen.

One thing that did amuse me was when the prosecution lawyer questioned me, she asked me what car I was driving when I witnessed the accident. I replied 'Mercedes', and the three middle aged magistrates turned to each other and nodded approvingly.

 

[edthedead]

TBH for this type of offence more than likely that the defendant will be defending him/herself because you don't get legal aid for it. That can make it pretty funny really especially if they have been watching too much Judge Judy!

The magistrates will stop the defendant asking you any ridiculous questions etc. they are there to ensure the court does not turn into a farce!

Good advice about attending before hand to sit in the public gallery, should set your mind at rest. Most courts have witness liason people who are members of the public who will give you a tour of the courts and answer any questions you have, probably worth speaking to them if you do decided to go before your case. They should be easy to spot usually they sit behind a desk on the way in to the court.

The most important thing to remember is that courts are designed so that everybody can give evidence, they are used to people being nervious and the vast majority of witnesses who give evidence have never done so before.

 

[umedc]

Hangings too good for him!!

yep what about electricchair in bath full of beer.

 

[Richard W]

Don't worry - I've been in court this week as a witness (road rage attack) and I think the most intimidating part was when the defense barrister said " I put it to you Mr W that you're erong and the defendants.....etc"

The whole challenge 'thing' in open court was quite un-nerving - he's only doing his job and there wasn't anything personal in him calling me a liar - just be ready!

 

[Soltan]

Hangings too good for him!!

yep what about electricchair in bath full of beer.

But he's only a witness!

 

[purplegoddess]

But he's only a witness!

we treat everyone equally on here

 

[Spinal]

we treat everyone equally on here

and here I was thinking you were into handcuffs and alternative forms of emprisonment, not into electro-fetishism

 

[Dragon]

If I were you, stay away from any court proceedings unless you have studied laws and be able to speak Latin. There is no such thing as right or wrong, it can be twisted. My experience is you can get fooled and beware of your back, you may get stabbed if you are not careful. Court proceedings are best left to barristers and lawyers.

 

[robert.saunders]

<chuckles softly>

 

[jeremytaylor]

I had to do a stint of Jury Service a few years back and found it fascinating.

Fascinating and amazing how there can be such low-lifes walking the streets. A real eye-opener.

Not that you are in that category Robert! , but I'm sure you'll see what I mean!