Off to Court

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fossyant

Ride It Like You Stole It!
Location
South Manchester
The accident I witnessed in march is going to court. The driver has been charged but refuted liability last week in court. I gave to give evidence in late October. Despite my pictures that show the vehicle on the hatching in the middle of the road, he still denies liability. Barsteward.

Sent from my HTC Desire using Tapatalk 2
 

Sandra6

Veteran
Location
Cumbria
Keep us posted.
 

dondare

Über Member
Location
London
I don't think that witnesses are supposed to talk (post) about up-coming or ongoing trials. Mind how you go.
 

I like Skol

A Minging Manc...
I don't think that witnesses are supposed to talk (post) about up-coming or ongoing trials. Mind how you go.
Maybe good advice here ^^^^^ there's nearly always at least one voice of reason? (not normally me!)

I remember the incicent and witnessed a few drivers pulling the same stunt at the same point in the ensuing weeks. The scary thing is the way they swing their cars around erratically and at speed with little regard for other road users, just to shave maybe a minute off the lights cycle!!!
 

Drago

Legendary Member
The judiciary take a dim view of witnesses discussing their evidence in public prior to a trial. I'd say nothing more myself, as 14 days in the chokey for contempt is likely to be more than the offender will get if you get caught.

If you've been summonsed to give evidence then in your own best interests I'd ask a moderator to remove your post.

Just sayin'
 
It helps though that the post is a blanket style post, no names given of anyone - but yep, might be best to wait til it's not 'sub judicae' or however it's spelt!
 

Gez73

Veteran
I remember this one. A real regular situation at that junction esp at 0610am. All to avoid a red light and two minute wait. Pr1ck!
 

Schneil

Guru
Location
Stockport
fossy - have you been cross examined before? It's pretty intense! After the prosecution barrister questions you, you'll get the defence barrister who'll try make you look bad. Keep your cool and think before you speak.
 

DCLane

Found in the Yorkshire hills ...
To echo Schneil it is intense, otherwise they're not doing their job.

If you've got notes then the court won't let you take them in, unless they've been included as evidence. It's on your memory and any evidence already accepted.

Note: I've been a Crown Court witness before, with 2 days questioning.
 

Drago

Legendary Member
It's not scary, just keep you cool. My two tips are only answer direct questions - they like to place works in you mouth gently by phrasing questions as statements. If this happens just ask the beak "I'm sorry, I don't understand the question".

My other advice is that if they imply you are lying ask the Magistrate/Judge for permission to step down to seek legal advice on the basis that you're being accused of perjury, which is a serious offence.

Barristers are nothing special. They're basically solicitors that generally specialise in court work, nothing more. They will sometimes (not always, it ain't like tv) try it on and it's up to the prosecution to let the beak know that out of line before they'll act. Now, prosecution solicitors are often crap - if they were halfway decent they'd be in private practice earning upwards of £180 and hour for their services. Because they're often useless you may as a witness need to speak as I've described above to gently let the bench know that the defence is being a bit fresh, and they almost certainly will chop them off at the knees. These power dressing, arsey and confrontational defence solicitors you see on tv are the exception and if your one starts to push his luck he will get slapped back into line but only so long as you let it be known he's being a twonk.

You don't need to take notes in. If you can't remember something just ask the bench if you can refer to your original statement to refresh your memory.

The experience can be intimidating even when it goes smoothly. The court surroundings aren't soft and cuddly and you'll get to mix with all sort of ne'er do wells in the public areas. But keep cool, think before you speak, and you'll be fine. Good luck.
 
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