Court witness requirements etc

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Binky

Über Member
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.
 

Psamathe

Über Member
My only thought is not to be intimidated. I was once summoned to County Court "Judges Chambers" before a court hearing (that I was bringing) and they system seemed very oriented to intimidate. Remember they are just people like you (obvious etc. here).

Complete guess but maybe driver is close enough to 12 points that if found guilty they'll lose their license so they are trying it in case there is a way out for them.

Ian
 

Animo

Well-Known Member
There may be someone from witness care at the court who will look after you. They may offer to show you round the courtroom before it starts.

Be prepared for some hanging around. Also, it's feasible it won't even go ahead that day - they usually list multiple trials in one court and have some that will take priority over others if they are all proceeding.

In court, just listen to what you're being asked and answer honestly and politely. Don't be drawn into arguing or trying to make the case. Just say what happened. It's not much like what you seen on TV to be honest.
 

classic33

Leg End Member
If you've not already done it, print out a copy of your statement, the online form you filled in. Go over it so you know what you put down, making it less likely you'll contradict yourself on the day. In particular who was where and who did/said what.

Questioned in court over the simple fact about how my house number prevented me from seeing what had taken place. I was questioning this in my own mind when I had a copy of my statement handed to me. I'd to explain that the diagram as drawn was wrong, why it was wrong, and that the property in question was actually visible as stated. A map was produced for the judge, on his request, to clarify the issue.

I was also told that I couldn't use my initial description as given at the time, but was "asked" for it in court.

Second the advice by @Sharky on don't speak to anyone about it.
 
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Binky

Über Member
There may be someone from witness care at the court who will look after you. They may offer to show you round the courtroom before it starts.

Be prepared for some hanging around. Also, it's feasible it won't even go ahead that day - they usually list multiple trials in one court and have some that will take priority over others if they are all proceeding.

In court, just listen to what you're being asked and answer honestly and politely. Don't be drawn into arguing or trying to make the case. Just say what happened. It's not much like what you seen on TV to be honest.

Apparently someone will be there from witness care, it's Citizens Advice who do it. I was hoping for information when I rang police but a total waste of time. If it's like that when I get there I can see defendant getting off....
 

roubaixtuesday

self serving virtue signaller
Apparently someone will be there from witness care, it's Citizens Advice who do it. I was hoping for information when I rang police but a total waste of time. If it's like that when I get there I can see defendant getting off....

It's not your responsibility if they get off, you've done your bit by reporting and being prepared to be a witness - well done!

Even if they do get off, I'm sure they'd rather not go through all of this again.
 

classic33

Leg End Member
Apparently someone will be there from witness care, it's Citizens Advice who do it. I was hoping for information when I rang police but a total waste of time. If it's like that when I get there I can see defendant getting off....
The police may be in a similar situation to yourself, not being allowed to talk to anyone about a court case. So aside from possibly giving directions to the court, they may decide it's safer not to talk about anything that may go on in a court. Overkill but they can't then be said to have told you anything.
 

Beebo

Firm and Fruity
Location
Hexleybeef
Take your time, don’t be rushed.
5 seconds of silence feels like a very long time, but don’t rush to fill it.
 

presta

Legendary Member
I worked with a guy who had been to court as a witness. He said he'd never do it again, the defence barrister was hell bent on making him look a simpleton.
 

All uphill

Still rolling along
Location
Somerset
Remember you are not being tried. You are doing an important civic duty. Your evidence will be tested, that's how it works.

You almost certainly won't be allowed to refer to your initial statement, so make sure you know what is in it, and what isn't.

Don't be tempted or led to elaborate, exaggerated or fabricate. Stick to what is in your statement.

Keep your answers concise.

Try to enjoy the novel experience, and good on you!
 

Drago

Legendary Member
In reality it's little like tv. Smarmy or cocky lawyers get short shrift from magistrates.

When you get there you will probably be met by a volunteer from witness care. If you don't have a copy of your statement ask them to get you one so you can refresh your memory.

Direct your answers to the magistrate. They like that.

Listen carefully to the solicitor questioning you. If they dont ask a clear question, dont answer. They'll often make statements in the hope,youll open your gob and affirm it. Answer a clear and direct question only, otherwise stay silent. Stay cool and it's easy to make hot dog laywers look daft as they flounder - remember, if they were any good they wouldn't be in magistrates courts doing legal aid jobs in the first place.

If in doubt, address the magistrate and say, "sorry, was that supposed to be a question?" or "I dont understand the question." If you're really lucky he'll be defending himself - the mags hate that and unless they've read up and know the procedure and etiquette just not having proper representation will weigh heavily against them in the minds or the mags.

If in doubt or your memory fails ask the magistrates if you can refresh your memory by referring to your statement made immediately following the incident. They'll usually allow it.

The likelihood is they've called you in the hope you dont turn up. The defence will then try and argue that you are a witness with evidence crucial to the defence and there cant be a fair trial without you, in the hope the beak throws the case out. If your video evidence is good then by just turning up they've lost that game, and theres a decent chance theyll go guilty to minimise any punishment and you won't be called.

Remember to get the form from reception to claim any expenses.

Message me it you want to know any more.
 
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Binky

Über Member
In reality it's little like tv. Smarmy or cocky lawyers get short shrift from magistrates.

When you get there you will probably be met by a volunteer from witness care. If you don't have a copy of your statement ask them to get you one so you can refresh your memory.

Direct your answers to the magistrate. They like that.

Listen carefully to the solicitor questioning you. If they dont ask a clear question, dont answer. They'll often make statements in the hope,youll open your gob and affirm it. Answer a clear and direct question only, otherwise stay silent. Stay cool and it's easy to make hot dog laywers look daft as they flounder - remember, if they were any good they wouldn't be in magistrates courts doing legal aid jobs in the first place.

If in doubt, address the magistrate and say, "sorry, was that supposed to be a question?" or "I dont understand the question." If you're really lucky he'll be defending himself - the mags hate that and unless they've read up and know the procedure and etiquette just not having proper representation will weigh heavily against them in the minds or the mags.

If in doubt or your memory fails ask the magistrates if you can refresh your memory by referring to your statement made immediately following the incident. They'll usually allow it.

The likelihood is they've called you in the hope you dont turn up. The defence will then try and argue that you are a witness with evidence crucial to the defence and there cant be a fair trial without you, in the hope the beak throws the case out. If your video evidence is good then by just turning up they've lost that game, and theres a decent chance theyll go guilty to minimise any punishment and you won't be called.

Remember to get the form from reception to claim any expenses.

Message me it you want to know any more.

Thanks.
I have a copy of my original Operation Snap submission and the video I sent in. (For info for anyone who goes through this, Op Snap doesn't give an option to copy the statement form so I just use the Snipping Tool in Windows to make a copy before I submit the online form).
 

Drago

Legendary Member
Thanks.
I have a copy of my original Operation Snap submission and the video I sent in. (For info for anyone who goes through this, Op Snap doesn't give an option to copy the statement form so I just use the Snipping Tool in Windows to make a copy before I submit the online form).

Cool. Don't get that out in court though. If you need to refresh your memory ask the mags and they'll give you a file copy.

I've not seen the video but if its any good I reckon theyll cough it and you won't get called. Can't argue with nice footage.
 
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Binky

Über Member
Cool. Don't get that out in court though. If you need to refresh your memory ask the mags and they'll give you a file copy.

I've not seen the video but if its any good I reckon theyll cough it and you won't get called. Can't argue with nice footage.

Well it's been viewed already by a Magistrates Court and defendant pleaded not guilty hence now goes to another court and this time I'm required as a witness. Seeing as it's court case I'm not allowed to show any photos etc until after case concluded but basically it was an A road, the car overtook me and entire overtake was over on my side of road with another car coming in opposite direction. I had a GoPro on handlebars and it shows car really close as he went past so I'm not sure quite how defendant can plead not guilty.
 
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