Penalty for failing to give evidence
)
13 June 2013, 09:48 AM
#34
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and then a total waste of the courts time
fvck me people are stupid cvnts
the government are bringing in drastic proposals to limit the availability of justice to all
one of (in reality the only) the key justifications is that the current system is too costly
partly caused by people not turning up and generally "playing games" with the law
they say people get the justice system they deserve -- well hold on to your hats everyone, we are going down the tubes fast
fvck me people are stupid cvnts
the government are bringing in drastic proposals to limit the availability of justice to all
one of (in reality the only) the key justifications is that the current system is too costly
partly caused by people not turning up and generally "playing games" with the law
they say people get the justice system they deserve -- well hold on to your hats everyone, we are going down the tubes fast
Last edited by hodgy0_2; 13 June 2013 at 09:49 AM.
13 June 2013, 09:59 AM
#35
and then a total waste of the courts time
fvck me people are stupid cvnts
the government are bringing in drastic proposals to limit the availability of justice to all
one of (in reality the only) the key justifications is that the current system is too costly
partly caused by people not turning up and generally "playing games" with the law
they say people get the justice system they deserve -- well hold on to your hats everyone, we are going down the tubes fast
fvck me people are stupid cvnts
the government are bringing in drastic proposals to limit the availability of justice to all
one of (in reality the only) the key justifications is that the current system is too costly
partly caused by people not turning up and generally "playing games" with the law
they say people get the justice system they deserve -- well hold on to your hats everyone, we are going down the tubes fast
My suggestion was a last resort type to avoid taking the stand
13 June 2013, 10:52 AM
#37
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Was this a statement with English/Welsh police or Scottish police?
An English/Welsh statement has a block of text at the top, which you sign saying that you are telling the truth and if you didn't, you know you can get in to trouble for it.
Call the local police station, tell them that you want to withdraw your statement. You can then either make a correct (further) statement and drop yourself in the brown stuff, which would basically read
"On such and such date I gave a statement relating to x, I wish to add further info, what I really happened was..."
Or you can opt to make a negative statement, which basically means that you are unwilling to supply the police with a statement surrounding the events.
"On such and such date, I made a statement regarding x. I now wish to have this statement withdrawn and provide a negative statement. I am unwilling to provide a statement in relation to the matter on x and do not wish to support a prosecution".
They will probably ask you if you've been intimidated etc, but just tell them you don't want to help. And hope they don't think it's because you lied in the first statement.
At which point a summons is issued by the court. The police will then start banging on your door morning, noon and night. And if you are out of the country, they will just start visiting family members and known associates at all times until they know where you are and have presented you in front of the court.
An English/Welsh statement has a block of text at the top, which you sign saying that you are telling the truth and if you didn't, you know you can get in to trouble for it.
Call the local police station, tell them that you want to withdraw your statement. You can then either make a correct (further) statement and drop yourself in the brown stuff, which would basically read
"On such and such date I gave a statement relating to x, I wish to add further info, what I really happened was..."
Or you can opt to make a negative statement, which basically means that you are unwilling to supply the police with a statement surrounding the events.
"On such and such date, I made a statement regarding x. I now wish to have this statement withdrawn and provide a negative statement. I am unwilling to provide a statement in relation to the matter on x and do not wish to support a prosecution".
They will probably ask you if you've been intimidated etc, but just tell them you don't want to help. And hope they don't think it's because you lied in the first statement.
At which point a summons is issued by the court. The police will then start banging on your door morning, noon and night. And if you are out of the country, they will just start visiting family members and known associates at all times until they know where you are and have presented you in front of the court.
13 June 2013, 11:42 AM
#38
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Thanks for the reply but the prosecution havent been in contact with me, its the.defense lawyer.
My statement was very vauge so no use to prosecution hence why i think they havent called me to give evidenc e
My statement was very vauge so no use to prosecution hence why i think they havent called me to give evidenc e
13 June 2013, 12:51 PM
#39
Lukily we have a precedent for this in the news
“Barrister and part-time judge Constance Briscoe is to be charged with two counts of intending to pervert the course of justice, prosecutors say.
It is alleged she gave inaccurate statements to police investigating the speeding points case that saw ex-minister Chris Huhne and his ex-wife Vicky Pryce jailed.
Ms Briscoe, 56, is accused over statements given to Essex Police between May 2011 and October last year.”
my bold btw
http://www.bbc.co.uk/news/uk-22875993
I would suggest that the above makes quite a lot of the posts on this subject, as always, ill-informed claptrap
“Barrister and part-time judge Constance Briscoe is to be charged with two counts of intending to pervert the course of justice, prosecutors say.
It is alleged she gave inaccurate statements to police investigating the speeding points case that saw ex-minister Chris Huhne and his ex-wife Vicky Pryce jailed.
Ms Briscoe, 56, is accused over statements given to Essex Police between May 2011 and October last year.”
my bold btw
http://www.bbc.co.uk/news/uk-22875993
I would suggest that the above makes quite a lot of the posts on this subject, as always, ill-informed claptrap
More seriously, as far as the OP is concerned, just tell the defence lawyer you told the cops porkies.
As such he is unlikely to call you as a witness.
You say you are a "defence" witness, I presume the prosecution would have no reason to call you up? If so, there is no reason this should go any further. If not, you need a lawyer.
BTW, coming on here for legal advice is probably about as wise as going to the Pope for advice on contraception.
I do however make exception on this point, when it comes to advice kindly proffered by m'learned friend, Hodgy.
Last edited by cster; 13 June 2013 at 12:53 PM.
13 June 2013, 01:15 PM
#41
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Personally, I'd request to be given the opportunity to provide a negative statement.
13 June 2013, 01:16 PM
#42
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and then a total waste of the courts time
fvck me people are stupid cvnts
the government are bringing in drastic proposals to limit the availability of justice to all
one of (in reality the only) the key justifications is that the current system is too costly
partly caused by people not turning up and generally "playing games" with the law
they say people get the justice system they deserve -- well hold on to your hats everyone, we are going down the tubes fast
fvck me people are stupid cvnts
the government are bringing in drastic proposals to limit the availability of justice to all
one of (in reality the only) the key justifications is that the current system is too costly
partly caused by people not turning up and generally "playing games" with the law
they say people get the justice system they deserve -- well hold on to your hats everyone, we are going down the tubes fast
Too many people think that they are helping a friend by telling porkies to the Police/Courts. As you have now found out, all it does it get you into trouble.
Confess now that you lied and do the right thing.
13 June 2013, 01:29 PM
#44
13 June 2013, 01:31 PM
#45
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What ever you decide to do in court, one thing you do need to do, and pronto, is get yourself a better class of friend 
13 June 2013, 02:08 PM
#47
Is your friend on the hook for something that could land him in jail for a long time?
e.g. when you said driving offences did he run someone over and hopped it and you gave him an alibi or was he speeding?.....
e.g. when you said driving offences did he run someone over and hopped it and you gave him an alibi or was he speeding?.....
13 June 2013, 03:18 PM
#48
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Well i phoned a lawyer, it seems the defence will contact me first to confirm my original statement before a summons will be issued, I have to tell them the truth which will damage their clients chances so I wont get called up.
If by chance I do, Ive to contact police and withdraw my statement as I do not want to be involved with proceedings
If by chance I do, Ive to contact police and withdraw my statement as I do not want to be involved with proceedings
Last edited by McFartenplop; 13 June 2013 at 03:33 PM.
13 June 2013, 03:26 PM
#49
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What's the offence? I got done for failing to stop for a officer on a bicycle and got a fine but no points (they wanted me ban) but couldn't with him bein on a bike
13 June 2013, 04:33 PM
#51
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Coffee over the screen moment 
15 June 2013, 11:53 AM
#53
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I can't see the problem here.....
If your statement is so vague as to be useless to the prosecution then you have nothing to worry about.
If you tell the defence lawyer that your mate is guilty and you won't lie in court, then they will just drop you and you won't be called. How the defence proceeds after that isn't your problem.
If by some remote chance the prosecution call you, then just mumble like an idiot and keep saying you don't really remember. Unless you were driving at the time, explain that you'd had quite a lot to drink and can't be sure of anything.
The Police are highly unlikely to do anything and certainly not independently - only if directed by the judge. Even then, they have to prove beyond reasonable doubt that you lied, so need irrefutable evidence like CCTV.
People not believing you is one thing, but them being able to prove it is a whole different challenge. My advice is to develop a bad memory and/or appear easily confused - if you contradict your statement in court, then you have provided that proof yourself.
If your statement is so vague as to be useless to the prosecution then you have nothing to worry about.
If you tell the defence lawyer that your mate is guilty and you won't lie in court, then they will just drop you and you won't be called. How the defence proceeds after that isn't your problem.
If by some remote chance the prosecution call you, then just mumble like an idiot and keep saying you don't really remember. Unless you were driving at the time, explain that you'd had quite a lot to drink and can't be sure of anything.
The Police are highly unlikely to do anything and certainly not independently - only if directed by the judge. Even then, they have to prove beyond reasonable doubt that you lied, so need irrefutable evidence like CCTV.
People not believing you is one thing, but them being able to prove it is a whole different challenge. My advice is to develop a bad memory and/or appear easily confused - if you contradict your statement in court, then you have provided that proof yourself.
15 June 2013, 03:31 PM
#55
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You're also missing a few other details here - I assume you're referring to a stolen car where the passenger gets caught and then doesn't give up the driver ?
Not quite the situation the original poster is asking about.....
15 June 2013, 04:03 PM
#56
Tell them you know f all tbh, nobody can do owt if you know nothing! But seems like op has said something already? But what? Until we know what exactly has happened and what was said to police etc, we/I can't give any advice to get out of it Scott free. If its too much to post on here pm me and see if I can advise. (I've experience with criminal law, oops)
15 June 2013, 04:25 PM
#57
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Is it possible to prove you a lying? Other than this thread off course? Just go and say whatever that will get your mate off - presuming it matches your statement.
15 June 2013, 05:28 PM
#58
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