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disCOURTeous

missile
missile Posts: 11,684
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edited 17 April 2017 at 2:30PM in Praise, vent & warnings
Hi,

I witnessed an incident, reported it to the Police and gave a witness statement.
I received a citation from CPFS, instructing me to attend no later than 09.30. I duly attended @ 09.20on the appointed day to be told you are very early. The court doesn't open until 10.00.
At 11.30, I was told that the case had been cancelled as defendant's solicitor had not turned up. No apology for my wasted appearance.
I have received another citation giving a new court date, when I shall be on holiday. The paperwork tells me that
I must submit evidence that I have a holiday booked for consideration by CPFS. Only if they give permission will I be excused and if I do not appear a warrant will be issued for my arrest.
I appreciate that it is important, but stating I am on holiday should be good enough. I object to being required to give evidence to prove I am not being dishonest and the threatening tone of their communication.

What would happen if I had no evidence to give? For example, if I was attending a funeral, going camping/ caravanning or had arranged to stay with a friend or relative in the UK.

I now understand why Joe Public are often deaf, dumb and blind and walk on by when they witness an incident. :A
"A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:
«13

Comments

  • agrinnall
    agrinnall Posts: 23,344
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    missile wrote: »
    Hi,



    What would happen if I had no evidence to give? For example, if I was attending a funeral, going camping/ caravanning or had arranged to stay with a friend or relative in the UK.

    There's evidence that a funeral is taking place, and your other examples sound to me like things that could be cancelled or rearranged if necessary.
  • missile
    missile Posts: 11,684
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    agrinnall wrote: »
    There's evidence that a funeral is taking place, and your other examples sound to me like things that could be cancelled or rearranged if necessary.

    What evidence would I have of a funeral:
    A cutting from the local paper?
    How could I "prove" I was attending?
    Of course ANY holiday could be cancelled.

    You appear to have missed the point. By being discourteous CPFS have made it less likely that I will volunteer to be a witness in the future. :A
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • flashg67
    flashg67 Posts: 3,993
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    I see what you're saying - having to jump through (their) hoops to do your civic duty does seem a pain, nut I bet plenty of the court's time is wasted by people not bothering to turn up , so we're all tarred with the same brush. I'm sure evidence of a 'proper' holiday will be accepted if needed.

    You sound a fair person, hope you get it sorted, I'm sure someone appreciates the effort - it could be you or someone you know next time!
  • Cakeguts
    Cakeguts Posts: 7,627
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    Perhaps they could arrest the defendant's solicitor for not turning up? The solicitor could just as easily arranged matters to be there as you can rearrange your holiday.
  • missile
    missile Posts: 11,684
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    edited 18 April 2017 at 9:58PM
    Thanks for your sympathetic responses.

    The police have a difficult job and I was happy to assist them. If I witness a similar incident tomorrow, I am not so sure I would be that good Samaritan.

    What really irked me was the attitude of CPFS.

    It is not their fault the defendants solicitor did not show. I appreciate their time is valuable (as is mine!) but I felt they could have spared a minute to explain why the case was cancelled and thank me for my attendance.

    As it happens, we intend going on holiday with six other couples. We have been planning this re-union for some time and it will be very annoying if I have to cancel.

    No doubt if convicted, the defendant will get probation. :(
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • patman99
    patman99 Posts: 8,532
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    Submitt the holiday evidence and ask if any costs incurred if the CPS refuse to allow you to take the holiday can be claimed back from the Court.

    Or, ask if you can appear via Skype (or Google Hangouts, facetime, etc.) as some Courts will allow this.
    Never Knowingly Understood.

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  • hollydays
    hollydays Posts: 19,812
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    edited 19 April 2017 at 8:23AM
    Usually when you make a statement you are asked to highlight any dates you won't be available, ( " witness availability" on the back of the statement? From memory) and sign the form to say this is correct? If there was any proposed changes you should have let the police know, or actually checked the dates were compatible.
  • missile
    missile Posts: 11,684
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    The citation asks you to advise dates if you know you when you will not be available for the next six months, which I did.

    FYI: It is CPFS not the Police and there is no mechanism to advise later changes.

    There were others who witnessed the incident but I was the only one who chose to volunteer to be a witness. No good deed goes unpunished :A
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • hollydays
    hollydays Posts: 19,812
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    edited 19 April 2017 at 7:53PM
    missile wrote: »
    The citation asks you to advise dates if you know you when you will not be available for the next six months, which I did.

    FYI: It is CPFS not the Police and there is no mechanism to advise later changes.

    There were others who witnessed the incident but I was the only one who chose to volunteer to be a witness. No good deed goes unpunished :A

    There is a mechanism-you speak to the police officer who took your statement or you could have contacted the cps direct. In addition you could have contacted the witness support service for advice if unsure, or even rang your local police service. y
    It's your duty to give evidence if at all possible, not a favour you are doing them.
  • Lavendyr
    Lavendyr Posts: 2,566
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    Sometimes amazes me how sanctimonious people can be. I'd be as frustrated as you in this situation OP. I wish I could be of help but all I can offer is sympathy!
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