been called to court, legal help?

Pollycat

I've just read your latest post.

Is there any way you can get legal advice on where you stand on this 'having to give evidence', maybe from Citizen's Advice Bureau or one of those 30 minute free sessions with a solicitor?

I must say, I'm felling pretty outraged on your behalf at this.

And I'm really concerned that the police are writing to you so that you can write to them - that seems such a stupid waste of time, and time is just what you don't have a lot of.

atwitsend_2

Pollycat wrote: »

I think Dizzie77 has made some very good points.

I would query (with the police) why there is this crossover between the criminal & civil case.
I would also ask why you have been given so little notice and why you were contacted by phone rather than letter (which I think is the usual process).

I appreciate that you can't go into details but are you even in a position to give evidence regarding this child issue?
You did say that you lived with the defendant some time ago but maybe that was before this child existed (IYSWIM).

I definatly will be querying those things! If I had known this a few weeks ago I could of made arrangements for the kids alot easier.

I knew the defendant before this child was even born, I have not even seen the defendant in 3 years, the incident only happened just over a year ago. I can't see why I would be of any use to them, but I believe its because I have children and the defendant lived with me and my children they want to know how the defendant was with my children

atwitsend_2

Pollycat wrote: »

I've just read your latest post.

Is there any way you can get legal advice on where you stand on this 'having to give evidence', maybe from Citizen's Advice Bureau or one of those 30 minute free sessions with a solicitor?

I must say, I'm felling pretty outraged on your behalf at this.

And I'm really concerned that the police are writing to you so that you can write to them.

Thanks, I am going to get onto CAB in the morning and see where I legally stand about this.
What happens if a person is not able to attend due to sickness? Because I could be feeling very poorly that day

Pollycat

Hi
I don't know if this is relevant in any way, but take a look through:

http://www.hmcourts-service.gov.uk/infoabout/attend/witness/county_high/index.htm

On page 1, read the last bit about why you might be called as a witness.
From what you say, neither of those apply.

Page 2 has some VERY interesting information about refusal to be a witness.

Page 3 mentions being summonsed to attend but also says you can apply to have the summons withdrawn.

All of this seems to assume a decent period of time between the time you're advised that you need to attend court and the date of the hearing - which you don't seem to have been given.

If I were to guess, I'd say that somebody has just realised that you've given a statement in the criminal case and think you can you should attend the civil case and are trying to steam-roller you into attending.

Good luck

atwitsend_2

Pollycat wrote: »

Hi
I don't know if this is relevant in any way, but take a look through:

http://www.hmcourts-service.gov.uk/infoabout/attend/witness/county_high/index.htm

On page 1, read the last bit about why you might be called as a witness.
From what you say, neither of those apply.

Page 2 has some VERY interesting information about refusal to be a witness.

Page 3 mentions being summonsed to attend but also says you can apply to have the summons withdrawn.

All of this seems to assume a decent period of time between the time you're advised that you need to attend court and the date of the hearing - which you don't seem to have been given.

If I were to guess, I'd say that somebody has just realised that you've given a statement in the criminal case and think you can you should attend the civil case and are trying to steam-roller you into attending.

Good luck

Thank you, I will deffo have a read through that later, come over feeling a bit !!!!!! all of a sudden so going for a lie down.

Once again thank you, you have made me feel more positive :j

leanneq

A few points:
On the back of a police statement, it says something about agreeing to disclose for civil proceedings - hence why your evidence can be used.
You are correct it sounds that you are being asked about how he was around your children.
Chances are the police only just found out the court date too hence rushing around phoning rather than a letter! You can be summonsed ( we tend to do it before if we get wind that someone isn't going to attend).
You might need to speak to someone higher in the investigation. Does your police statement say all your evidence that can be used in the civil proceedings? If so, an application can be made to use it under Section 9 - this means you don't need to be there.
Other than that, a certificate from your doctor.

gingin_2

Hi atwitsend, hope you are as well as you can be!

Get that doctor's note. I can't see that the police can argue with that and I can't see that doctor can agree with a 39 week+ pregnant lady travelling into London under a huge amount of stress. It doesn't sound good for you or baby. As soon as you get that you can relax (well, kind of).

leanneq

gingin wrote: »

Hi atwitsend, hope you are as well as you can be!

Get that doctor's note. I can't see that the police can argue with that and I can't see that doctor can agree with a 39 week+ pregnant lady travelling into London under a huge amount of stress. It doesn't sound good for you or baby. As soon as you get that you can relax (well, kind of).

It's not the police, it's the civil court! Police will merely be witnesses like OP

gingin_2

leanneq wrote: »

It's not the police, it's the civil court! Police will merely be witnesses like OP

Okay, my bad. It's still kind of the same point. Isn't it?

leanneq

Kind of. Police really won't have much/any say in OP having to go. That will be down to the court/SS.
I think a certificate is the best bet, OP shouldn't be going when she is due. This is classic for the court system with lack of notice!