Court witness requirements etc

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figbat

Slippery scientist
Don’t get dragged into any anti-cyclist rhetoric or try to defend us all. You are not on trial (nor are we) and are not the prosecutor. You are a witness to an alleged offence and have been called as such. If anybody tries to put words into your mouth then politely deny that you said what they are claiming and, where appropriate, give your own words. And only answer the question asked. No need to elaborate unless asked, or mention anything irrelevant.
 
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Location
Loch side.
Afternoon all.
One of the Operation Snap videos I sent in has gone to court and the driver has pleaded not guilty and so this time I have to attend court as a witness.
So, my question is what to expect when I get there. I rang the so called help line number provided by the police and the woman I spoke to was about as much use as a chocolate fireguard.
Apparently I'll be questioned about the statement I provided at the time - basically the Op Snap submission - but will this be a cross examinatin type deal you see on tv? it's a magistrates court dealing with it so I can't think it's too over the top but any advice gratefully received.

I'm not sure what grounds the driver is pleading not guilty to driving without due care and attention which is the charge seeing as it's obvious from video he is far too close.

Anyway, guess I'll find out. Case not for a few weeks yet.

Who will represent the defendant? If he/she represents themselves or they have a lawyer, it is a different ballgame.
 

teeonethousand

Über Member
I was a witness once in a case where I thought it was cut and dried . The two 'lawyers' looked like they came from school and they certainly had not read the case much before they stood up. They were both terrible. Fortunately the Mag worked it all out and sorted it. Turns out the driver of the other vehicle didn't want to go to court but their Insurance insisted . It wasted everyone's time .

I had a hard time not being sarcastic 'ie if you tell me which straw your grasping at maybe I can help you'.. ..but didn't😂😂

As above, basic answers, no additional opinions biases etc. but above all be comfortable in your skin...facts are facts and should win through.

You might even enjoy it👍
 
Location
Northampton
I have professional experience in attending courts, to provide professional opinions, sort of expert evidence. In addition I used to be a panel member of lower tribunals when I sat with a judge to hear some cases. I can emphasize the following points already provided by others.

1. You are a witness. You have not committed the crime. You are not on trial. Defence will try to make you feel like that.
2. Always face the judge/ magistrate and not the defence lawyer. One useful technique is to face your feet toward the judge when standing/ sitting. You turn your head or body to listen to the defence if you want to. By that way you will always look at the judge when answering questions. You are providing information to the judge and not to the defence.
3. Read your witness statement and be familiar with what you have written.
3. Defence do not ask questions. They make statements and ask you yes or no. You do not have to say yes or no. You can provide a long answer.
4. Finally, do not get emotionally attached to the case. Win or lose is not your concern. Just tell as it is.

Finally, it is really grateful that you have submitted this video and get at least one ba***** to come to court.
 

Psamathe

Über Member
If OP is concerned, has time and other considerations, can one attend court as a member of the public on a different unrelated day before the case concerned. As an observer to see how things work, what can happen in different cases. eg spend a morning in court how many cases might OP get to watch?

I've no idea how practical this is but just a thought.

Ian
 
OP
OP
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Binky

Über Member
If OP is concerned, has time and other considerations, can one attend court as a member of the public on a different unrelated day before the case concerned. As an observer to see how things work, what can happen in different cases. eg spend a morning in court how many cases might OP get to watch?

I've no idea how practical this is but just a thought.

Ian

Excellent suggestion, I'll see if that is possible.
 

steveindenmark

Legendary Member
Its pretty simple.

If you can give a yes or no answer. Do that. Do not expand on that.

Do not get drawn in to a tit for tat. They do this for a living.

Make your answers simple and factual about the incident you reported.

There is plenty of time yet for them to plead guilty. Especially when they see you are willing to attend. They can do this even after you have arrived at court.

Just enjoy the experience. Its something new.
 

Once a Wheeler

…always a wheeler
Do not let yourself be led. If a question assumes something that is not true just reply that the question assumes something that is untrue. Truth and polite persistence. Visit a court session or two before the case comes up, very valuable experience.
 

richardfm

Veteran
Location
Cardiff
Just to emphasise what others have said. Give concise answers to questions then shut up. If the questioning barrister appears to be waiting for you to say more don't be tempted to fill the silence, wait for the next question.
[Edit]
Please come back and tell us about the experience once it is over.
 

Emanresu

I asked AI to show the 'real' me.
It's part of our system of open justice that (in theory, subject to court capacity) anyone can go along and view a case. Just wander along and speak to a court official about the cases being heard and get their recommendations for a good 'un :okay:

Did this a few years ago as part of understanding how a piece of new legislation was been interpreted in court situations. You talk to the usher and he will ask the judge for the OK. The judge decides if he wants any third party in the court. Only refused once when a barrister took exception for some reason.

You can check which cases are being heard by checking Courtserve the previous night. Just click on the link to your local court. Presume it will be magistrates. Example below. Also be aware a lot of cases are being done remotely by CVP (like Teams) but you can sit in a court and watch the CVP screen along with the judge (which is a bit overpowering)

https://courtserve.net/courtlists/current/crown/indexv2crowndailies.php?

Aylesbury.png
 
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