Off to Court

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dodd82

Well-Known Member

Oh sorry, skimmed it and missed that... oops :smile:

Thanks - I learnt some thing today!
 
Some good pointers within this thread about speaking in court as a witness.

Can the methods of answering be used at an employment tribunal, also as a witness ... or is that a whole different thread?
 

gambatte

Middle of the pack...
Location
S Yorks
Unfortunately not necessarily. As far as I recall many won't use 3 points on the licence as a rating factor.
I did a speed awareness course earlier this year. The guys running it said that it was true a couple of years ago that a lot of insurers ignored the 1st 3 points. They reckoned that had changed. I think they said they new of 1 maybe 2 insurers that it made no difference, but they weren't the cheapest to start with.
Maybe they've stopped because a lot of us can avoid those first 3 points by taking the courses?
 

classic33

Leg End Member
But if you lie to them on the side of the road, especially if you give them (the police I mean) a false identity, they nick you for attempting to pervert the course of justice.
Not always, as I found out. Hit by a driver who gave false details to the police & the police were'nt bothered by that minor detail/fact.
It might take a few more cases like this before they start treating such incidents as RTA's rather than minor accidents.
 

ComedyPilot

Secret Lemonade Drinker
Not always, as I found out. Hit by a driver who gave false details to the police & the police were'nt bothered by that minor detail/fact.
It might take a few more cases like this before they start treating such incidents as RTA's rather than minor accidents.
If I were to be knocked off my bike by a car driver, I would collect some form of DNA from their body to provide positive proof of identity.
 

400bhp

Guru
Which one?

This one's complete tosh:



This one is wrong too:



Perjury can be committed by the accused as well as witnesses - if the accused gives evidence in their own defence. A lie told in court is only perjury if:

  1. the witness was lawfully sworn in as a witness in a judicial proceeding (if the accused gives evidence on their own behalf they'll be sworn as a witness)
  2. the witness made a statement wilfully
  3. the statement was false
  4. the witness knew it was false or did not believe it to be true
  5. the statement was, viewed objectively, material in the judicial proceeding
The matter at point 5 can only be decided by the trial judge/bench. However, judges can no longer directly refer for prosecution for perjury under the old s.9 - they have to refer to the DPP.

For the record it was the second comment.

I took Drago on his word, given he is a serving police officer and AFAIK he has a law degree.

Perhaps you know better - but I don't know your background.
 

Arjimlad

Tights of Cydonia
Location
South Glos
I dealt with a criminal case many years ago, where there was an "independent witness" on behalf of the accused who contradicted what the police said.

After the guilty verdict the accused admitted his guilt to the probation service, and said that he had given false evidence on an earlier matter for his "independent witness" who was merely returning the favour.

I don't envy the police having to deal with criminal dodgers all the time, the usual suspects etc. Neither of them were prosecuted for perjury, which seemed to be wrong.

I did also deal with some matters where the police seemed to get the wrong end of the stick completely, and looking at the complete picture, and fresh evidence from genuinely independent sources, the CPS withdrew the charges.

Nobody's perfect, but the first experience convinced me that a career devoted to upholding the criminal justice system was not for me. I'm grateful to those who do so, on both sides.
 

hotfuzzrj

Veteran
Location
Hampshire
With regards to people representing themselves, once I had a very basic Drunk and Disorderly who refused his ticket and opted to go to court.
In court he defended himself and when 'cross examining' me he was simply ranting some ill concocted story. The Mags had to tell him to ask me questions or get on with it.
He had no defence and he simply just kept saying 'I wasn't drunk. So you're saying I was drunk?' To which I would reply Yes you were drunk.
He got found guilty and for wasting everyone's time he got a £600 fine instead of the 80 he would have had in custody. Brilliant.

Regarding perjury, I know some Defendants will be telling the truth as 'not all are guilty' (apparently!) but personally I have never been to court and heard the actual truth issue from any Defendant's lips during a court case... I have been to 15-20 cases at Mags and Crown.
 

benb

Evidence based cyclist
Location
Epsom
Yes that's true. I remember a case of careless, when my evidence was that I'd seen the driver turn a corner through a junction infront of me in the wet, skidding slightly, before hitting speeds of about seventy in a thirty zone, without realising we were behind him in a police car with flashing lights! He only slowed and then spotted us when slowed by other traffic, at first we thought he was doing one!

The prosecutor asked me questions, during which I gave the above account. The clerk then invited the driver to ask his questions, to which he replied 'None thank you'. The clerk gently suggested he may have some questions for me, otherwise he was accepting that the account I had given was entirely accurate. He simply said, 'No that's fine, it is'.

Still to this day don't really know why he opted to plead not guilty!

Brilliant. How did you keep a straight face?
 

benb

Evidence based cyclist
Location
Epsom
While I'm enjoying myself in flavour country, mater the defendent came running past me at full pelt, presumably thinking he was going to be late, and presumably not recognising me out of uniform.

A quick word with the Clerk when I went back in, they reviewed the outside CCTV, and matey got an extra 28 days for contempt on top of the 8 moths for twotting me, so I was happy.

How's that? Was he not supposed to leave the court?
 
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