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-   -   Penalty for failing to give evidence (https://www.scoobynet.com/non-scooby-related-4/977450-penalty-for-failing-to-give-evidence.html)

ReallyReallyGoodMeat 13 June 2013 09:41 AM

Hope he wasn't doing 75mph on a motorway, those guys are worse than burglars! (according to some :) )

mrtheedge2u2 13 June 2013 09:42 AM

Just out of interest, what made you lie in the first place?

mrtheedge2u2 13 June 2013 09:44 AM

Or simply make sure you are on holiday out of the country when the case happens. That occurs quite often resulting in potential witnesses not being able to be called.

hodgy0_2 13 June 2013 09:48 AM

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

mrtheedge2u2 13 June 2013 09:59 AM


Originally Posted by hodgy0_2 (Post 11119607)
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

I agree with you 100%......tbh if you lie then u deserve what you get.
My suggestion was a last resort type to avoid taking the stand

hodgy0_2 13 June 2013 10:27 AM

no worries mrtheedge2u2

ScoobyWon't 13 June 2013 10:52 AM

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.


Originally Posted by mrtheedge2u2 (Post 11119604)
Or simply make sure you are on holiday out of the country when the case happens. That occurs quite often resulting in potential witnesses not being able to be called.

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.

McFartenplop 13 June 2013 11:42 AM

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

cster 13 June 2013 12:51 PM


Originally Posted by hodgy0_2 (Post 11119529)
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

Is she by chance the "High Court Judge" you have previously alluded to?

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. :thumb:

Gear Head 13 June 2013 01:12 PM

I'd say change your statement now, before it goes to court.
Then, turn up and tell the truth.

ScoobyWon't 13 June 2013 01:15 PM


Originally Posted by McFartenplop (Post 11119712)
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

Your statement will be disclosed to both the prosecution and defense. Even if you are called as a witness on behalf of the defendant, the prosecution can cross examine you in court.

Personally, I'd request to be given the opportunity to provide a negative statement.

Gear Head 13 June 2013 01:16 PM


Originally Posted by hodgy0_2 (Post 11119607)
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

Completely agree.

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.

richie001 13 June 2013 01:24 PM

Sounds like your in deep ****e mate.

SJ_Skyline 13 June 2013 01:29 PM


Originally Posted by McFartenplop (Post 11119444)
As of now, my statement to police was lies, Im not a grass

No, you're not a grass, you're a dickhead for lying in the first place. :rolleyes:



Originally Posted by McFartenplop (Post 11119444)
Id accept a fine if thats all id get.

You'll accept anything the judge hands you. :)

CrisPDuk 13 June 2013 01:31 PM

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 :rolleyes:

mrtheedge2u2 13 June 2013 01:54 PM


Originally Posted by SJ_Skyline (Post 11119843)
You'll accept anything the judge hands you. :)

Made me giggle

mrtheedge2u2 13 June 2013 02:08 PM

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?.....

McFartenplop 13 June 2013 03:18 PM

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

Turner Tronics 13 June 2013 03:26 PM

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

selhurstscooby 13 June 2013 04:30 PM

As the defence is guilty it may be an idea for them to change their plea and hope the judge takes pity on them for admiting their guilt

ScoobyWon't 13 June 2013 04:33 PM


Originally Posted by SJ_Skyline (Post 11119843)
No, you're not a grass, you're a dickhead for lying in the first place. :rolleyes:




You'll accept anything the judge hands you. :)

F'kinell, Rich! :mad: Coffee over the screen moment :lol1: :thumb:

Leslie 14 June 2013 07:12 PM

Tell the police that your evidence is untrue. You really need to face uo to the consequences of telling lies!

Les

alistair 15 June 2013 11:53 AM

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.

JensonsScooby 15 June 2013 12:15 PM

FACT: Tameside and Manchester courts issue heavy fines to any passenger that fails to give the drivers details.

The fines are from £450 +

alistair 15 June 2013 03:31 PM


Originally Posted by JensonsScooby (Post 11121606)
FACT: Tameside and Manchester courts issue heavy fines to any passenger that fails to give the drivers details.

The fines are from £450 +

£450 isn't that heavy..... depending on your income, that could be considered quite light.

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.....

bustaMOVEs 15 June 2013 04:03 PM

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)

davegtt 15 June 2013 04:25 PM

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.

mamoon2 15 June 2013 05:28 PM


Originally Posted by Leslie (Post 11121111)
Tell the police that your evidence is untrue. You really need to face uo to the consequences of telling lies!

Les

You really do come out with some crap sometimes.

mamoon2 15 June 2013 05:29 PM

If you are going to back your mate up, then do it properly or don't bother in the first place.

Doubt they can prove you lied. Stick to it

Chip 15 June 2013 06:43 PM


Originally Posted by SJ_Skyline (Post 11119843)
No, you're not a grass, you're a dickhead for lying in the first place. :rolleyes:




Yep, what a knobhead.


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