Do I need a lawyer/solicitor?

hellypelly

Hi without going in depth my 13 year old daughter has to be a witness for the proscecution in an assault case, She gave her statement on video with the police and we were told she wouldnt need to do any more because the person admited what he done to her, But He also assualted her friend in a more serious manner and I have received a letter yesterday saying she is REQUIRED to attend court as he plead not guilty to the second charge...
Do I need to get a lawyer/solicitor I have tried to get hold of the police who were dealing with the case no reply I have emailed/rang the witness care unit an no one seems to be their either??
Shall I go too my local solicitors office?
Im petrified for her it took 2 weeks to get the full story out of her the first time and she hasnt been the same since this will make her extremly anxious I havent slept all night worrying any help advice will be appreciated!
Thanks

carolinosourus

Hi, maybe I can help, I work for Probation in London and am currently working as a court officer.

Witnesses don't need a solicitor or a barrister as they are not represented. It may be the case that your daughter doesn't need to appear at all but if something is contested in her statement then she may need to appear. As she is young they should have applied for 'special measures' like screens round the witness box or for the court to go into chambers if she has to give evidence (that means clearing the public gallery but the jury would still be in there). They may also let her do it by videolink from the Witness Unit at the court if they have this facility so she wouldn't actually have to go into court itself.

The best thing to do is to continue to try and contact the witness service at the court because they will be able to advise you better, unfortunately it's bank holiday and I don't know what it's like for other courts but all the Crown Courts in London are closed on the Tuesday too, although witness protection staff may be there. The Crown Prosecution Website may help too:

http://www.cps.gov.uk/victims_witnesses/

I've just done an exam on the criminal justice system and there's a lot of new studies and papers on the rights of victims and witnesses in the system, but at the end of the day it's a contest between the prosecution and defence, not a 3-way battle!

Make sure you do attend when you're required to, if you don't respond to a summons it could result in big trouble and the trial could collapse, it may be that she will not have to appear at all but maybe if you explain to her it could make the difference between this man being free or locked up she may be a little more willing to go through it.

Hope this helps and good luck.

ailuro2

Great reply above, with any luck the defendant will get himself a solicitor who will advise him to plead guilty to have it taken into account at sentencing to get off more lightly, and the case your daughter may never have to appear.

Have you considered some self-defence classes for her, maybe not at the momeny, but in a month or two when things have settled a bit more, it can be a short course, or find a martial arts class nearby who base their teaching on defence tactics (keeps them fit too)

I hope your DD finds herself feeling better soon, it's a terrible thing to have gone thorugh, she needs all the encouragement she can get now, to avoid her being scared to go out.

carolinosourus

Oh, and remember that the prosecution is on her side too, so they would really fulfil the role of her having her own barrister

hellypelly

ailuro2 wrote: »

Have you considered some self-defence classes for her, maybe not at the momeny, but in a month or two when things have settled a bit more, it can be a short course, or find a martial arts class nearby who base their teaching on defence tactics (keeps them fit too)QUOTE]

What a great idea thanks for that!

Janepig

Have you had a trial date through yet? Because the CPS will need to apply for special measures by a certain date before the trial and you need to be sure that they do. So not much more to add to Carolinosourus's excellent advice (I do the same job in Swansea ) but I would definitely get on to the witness service, Crown Prosecution Service and also the Police if you have a name and number of an officer to get hold of, to make sure that they've applied by the date they would have been given when the case was adjourned for trial. Screens are better than nothing, but given your DD's age it really should be video link.

Also you say you're petrified for her - try not to let your worry rub off on her, which I know is easier said than done, and is easy for me to say when I stand up and address Court every day, but it is nerve-wracking for everyone who gives evidence, young and old, and that's to be expected, but there will be lots of people there to help and her age will be taken into account. Although don't expect an easy ride from the defendant's solicitor, but then they're only doing his/her job, and it pays to remember that - it's not personal, they just want the best result for their client.

Jxx

hellypelly

Hi Janepig I had some excellent advice from carolineosourus through pm..
I have managed to get hold of witness care and the woman dealing with the case has applied for the videolink The court case is on the 15th june so hopefully it will go through.
Im feeling much calmer now I know more about it when I first opened the letter I was imagining something out of the bill!
I also managed to tell my daughter I took her out for lunch and showed her the letter she went white at first but I explained to her its nothing to do with the assualt on her its just about what she witnessed with the other girl so after a couple of J'20s I think she felt more relaxed about it.

I also found out he was charged with the assault on her on the 1st may and he pleaded guilty so today Im going to find out more about that from the CID involved with the case.

Thanks again for all of your advice Im so gratefull I would have been grey by tuesday when the courts open again!