Court case worries

Janepig

Even if you are there and you think this person is "pulling a fast one" you won't be able to say anything anyway. The CPS are there to put the case for the prosecution, and his defence lawyer will put the case for the defence. You won't be allowed to say anything.

Jx

Kay_Peel

At the time of making your witness statement the police officer will have recorded your initial reactions to the the crime against you. In most cases the real effects of cimes involving weapons, taunts, threats etc only emerge weeks, months or years later. This is why there is a provision for you to make a second Victim's Personal Statement AT ANY TIME before sentencing.

If you feel that the true extent of your suffering has only just emerged then you can contact the name and number shown on your letter from the CPS's Witness Service (the letter giving you an update on the case).

Having said that, and from what you said about the traumatic and unimaginably terrifying events, I would say that the prosecutor will have plenty of details for the sentencing judge to chew on. One reason why your attackers are pleading guilty is to PREVENT the judge from hearing your story and seeing your upset as you re-live it in your evidence. Judges are well aware of this tactic!

Your attakers pleaded 'Not Guilty' at first, only to drag out the process and get a few more months in circulation. There are also advantages to them if they plead 'Not Guilty' when they are in custody awaiting trial. The judge knows this better than anyone - and is also fully aware of the anguish that a late change of plea will have on victims. These factors help to shape his/her view about the right punishment.

Only you can know whether your attendance will do any good. Bear in mind:

* that it can make some people feel worse - especially if the person in the dock looks unfazed, uncaring and accepting of their fate. (They are just trying to look cool - inside they are dying!)

* the attackers might not turn up or the case may have to be adjourned on some pretext or other. It's very annoying and wearing, but these things happen.

You will, of course, get more updates as the case progresses.

Good luck with your decision.

3v3

autumn23 wrote: »

No we are not required to go. There will be a lot of evidence as well as statements about how we have been effected since. Yes we have been through a lot, it is a daily battle for both of us although my H2B won't admit how bad it is for him but I know it is effecting him nearly as much, if not as much or more, than it is me.
I understand that we may never get over it fully but it has been quite a while and we haven't progressed as much as we hoped. I do wonder if this is because it isn't final? There is still a court case so we don't feel like there is an 'end' as it is still open...

Totally and utterly understand your need for closure.

When I said earlier that I doubt anyone ever gets over something like this, I meant to add, you *will* get through it and come out the other side - but that takes a great deal of time and patience. Sorry, I should have made that clear (I was in a rush). There is no time scale on how long it can take to come to terms with a traumatic event so do try to be gentle with yourselves and each other. Less than a year is very optimistic to hope to have made further progress.

Progress can be measured in so many different ways and sometimes, that progress can be as small-seeming as going 1 minute, or 5 mins, to one hour or one whole day without it encroaching on your thoughts or plaguing your decision-making. And it can creep up on you unawares; the time when it pops into your head and you realise suddenly that "Wow, you hadn't realised that you'd *stopped* thinking about it until the thought resurfaced, uninvited". It is those little demarkation lines which will alert you to the fact your brain and your emotions are on the road to recovery.

I want to hand you a very gentle reminder: the sentencing will hopefully happen (whether you are there or not); that may bring you a degree of closure. I caution this though (and I mean this with the kindest of hearts); the sentencing you hope for, may not be the sentence given - it may be shorter. This can also be a shock for the victim who, naturally hopes for the maximum possible. I remind you of this purely so that, whether you attend or not, you are able to accept the reality.

Give a little thought to how you intend to move forward in time. For example, instead of wondering what the future holds for the accused, ask yourself what the future holds for you and H2B? If, while awaiting the hearing, you have still been in the same vacinity as the offender, how likely will it be that (on his release), he will return to the area? How do you feel about that? Is there anything you could do about that? If so, what? Again, I don't say this to bog you down with any anxiety - I simply feel that the energy and thought you are giving to the sentencing and its procedure should be focused on you and H2B and your future.

How soon is the court case?

autumn23_2

Thank you all for giving me insights as it helps me with a pro and con list as to going or not. Honestly some people have given me more worries (not really a bad thing as gives me more to weigh up) but some have also been eased.

LittleMrsThrifty wrote: »

You could have a chat to your Victim Support Officer and Police Liaison Officer - or any other support professional you have been in contact since the incident.

It would also be worth establishing whether your safety would be compromised by going to court. Of course we don't know the situation (and wouldn't expect you to disclose it on a public forum) but the police should be able to advise you on this.

I think we will have to talk to the officer that is going to take our statement of how this has effected us since you are correct. We need to have all the information so we can make an informed decision.

I believe we won't have any of the safety measures we were told about if we were to go as we are not 'needed' now. Yes there will be officers etc there but we would sit where the public would. That is an issue as you can imagine.

peachyprice wrote: »

Also bear in mind, if you're not part of the case will you still get 'measures' put in place, or will you HAVe to sit in the public gallery? What if you breakdown whilst listening to the evidence being re-hashed, are you prepared to risk that happening in public and infront of the defendant. And what if the case doesn't go as you expect? Are you willing to sit there while they let him free?

Lots of questions you need to ask victim support.

As above there will be no measures that I know of. Breaking down is a very real concern and I wouldn't want to do that infront of the person. I don't know how my H2B or I reaction would be if he is let out free but I doubt it would be good from either of us if we were there or not.

BugglyB wrote: »

Ask Victim Support or your police officer about making a Victim Impact Statement. This allows the impact of the crime on you and your family to be acknowledged in court, and puts across your side of what happened.

We are doing this before it goes to court anyway. They know mostly how it has effected us but they want an official record for the court case.

emsbet wrote: »

As someone has suggested if you think you might like to attend the sentencing contact Victim Support and they should be able to arrange for you to go look around on a day prior to the hearing. Once you've seen the layout etc you may be able to make a decision .

Also are you receiving any counselling as part of your treatment for PTSD? Could you ask your counsellor what they think? xx

We have seen what the court room looks like as no one believed he would plead guilty and so we were treated as though we would need to go to court.
I had councilling not long after the crime but I haven't had any since. In all honestly I don't think it helped much at the time. I think I will benefit more after we know the outcome as then I can really work through it all. I don't want to waste the phychologists time or mine. My H2B is 'luckier' than I am as his sessions are not going to end until a month after when the court date should be.

mum2one

I know you want closure, but based on what you mentioned the special circumstances, you'd be in the public gallery, and again there will most prob be a lot of his friends _ family, plz don't think I'm putting a spanner in the words, but say the press were there, and you broke down, or got stressed, it would just take them a few seconds to make 2+2. I wouldn't put yourself through that.
I agree about asking for a new witness statement, as I'm guessing the time frame, and your in a position to be able to say look this is a long term matter.

I really struggle myself, as I'm currently in dispute with my ex over our daughter, whilst ours is on magistrates court, and its closed hearing coz of child involved, but I'm a bag of nerves going in, if I didn't have to I wouldn't. Please don't put yourself through any more,

Your liason officer will let you know what happens, xx

Gettingtherequickly

Glad you are making an informed decision on whether to go or not. If you decide to go, please avail of the use of the Witness Service, but please ensure they are aware beforehand, either you or your FLO should let them know. That way, they can ensure that there will be someone available for you.

However, bear in mind when making your decision, as the appearance is for sentencing only, this will be done when there is spare time in an empty court room, so it could be 10 am or 3:45pm. This time scale can impact on your emotions and, let's face it, your stress levels on the day. I don't know what area you are in, but if in the London area, contact your local Victim Support office, someone there should be happy to support you. I am not selling myself, but I am a volunteer for them, but also realise that we are more accessible purely on the basis that there are offices in the majority of the boroughs, so covering a smaller area than schemes outside.

autumn23_2

Just an update.

Still waiting for a court date :mad:. To say my H2B and I are angry is an understatement!

We were told a date and that 'fell through' as no court rooms were free - we found out this was a lie, they didn't have all the paperwork needed on the day! We were then told that the court date would be some time during the first week or 2 of December and that hasn't happened either (it's been over a month since the date we were first told!). We haven't been given any information from anyone for weeks and we haven't been able to get through to those on our case for nearly a week to find out what is going on.
What is worse is that we have seen this guy in town a few times now and each time it is obvious he has seen us making our anxiety worse. Each time we see him we leave town. While we know he is out we don't feel safe. Going out is getting harder and harder for us as time goes on .

We don't know what to do. We have no idea why are we being left with no information. Is it possible they have dropped the case without telling us? We can't see why they would as it is a strong case and it was clear they wanted a strong case to put this guy away but maybe that is why they have not contacted us, aren't answering our phone calls or phoning us back?

We have decided we are not going to go to the court when it happens (if it happens? ) though. Thank you for all those that answered on here about their thoughts/experiences as that with the information they told us (not a lot) made us realise it would be a bad idea for us.

As to the no information should we formally complain? We don't really want to but being left in the dark when you are afraid, anxious etc because of something like this it makes everything worse.

autumn23_2

It isn't the witness service (I don't think), it is the police on our case that we can't get through to. We were actually never given the witness phone number - they always called us (from a blocked number) but that has stopped also - we were just given an officers number that we could phone if we needed to. We were supposed to have the witness service contact us about meeting others that have gone through what we have but haven't had anything come of that either. To be honest communications with both is really bad, it was okay at first and we got the information we needed but it could have been alot better.

I'm taking it that if we do the e-mail as you say to kay peel that we should put the crime reference number and our names in the topic part of the e-mail? Just the reference number? I'm not sure how we should do this.

Janepig

autumn23 wrote: »

Why go? Well we both want to make sure the person doesn't try and pull a fast one I suppose. If we are there we get to put our side across then and there if it is needed (unlikely I know but this person is just the kind to try) instead of the court case being postponed and as we have waited long enough we do not want that to happen. The fact this person is still out on the streets is nearly enough for both us us to go just so we know they are being put away, that everything gets taken into account etc!
Part of me sees what you are saying about it not beneffiting either of us but it is very hard. At first I was sure about not going but as time goes by I doubt myself.
I suppose we are both hoping for the calm to come over us if (hopefully when) the person is put into prison, but there is always a small chance that they will be let off! I don't know how we would react if there were seen to be not guilty and we were in the court room at the time. After all just because they have pleaded not guilty before going doesn't mean they won't change their mind/story etc to make it harder/more of a grey area? I can't see how they would be we do worry.

Whether you agree or disagree with what's said in Court, you wouldn't be allowed to pipe up anyway. I assume you've done a victim impact statement and that will either be read out or handed to the judge to read. Like it or not, the defendant's barrister will say things in mitigation to try and make his client look better (that's his/her job) and you may well not like that. But there's not alot you can do. If you stood up to speak then the judge would just tell you to sit down again. In which case, it might be worse for you to sit there listening to the defence barrister trying to paint his/her client in as positive a light as possible, with no recourse from you.

I work in a Magistrates Court and it's very very rare that you get a victim there to watch the defendant being sentenced (albeit the crimes are obviously less serious).

Jx

Kay_Peel

autumn23 wrote: »

It isn't the witness service (I don't think), it is the police on our case that we can't get through to. We were actually never given the witness phone number - they always called us (from a blocked number) but that has stopped also - we were just given an officers number that we could phone if we needed to. We were supposed to have the witness service contact us about meeting others that have gone through what we have but haven't had anything come of that either. To be honest communications with both is really bad, it was okay at first and we got the information we needed but it could have been alot better.

Ah, I see.

Trying to contact the police officer in the case is not the best way of finding out what's happening. Like you, the police officer is kept informed of developments, cancellations, adjournments, results etc by the Witness Care Unit. Once someone has been charged and the file prepared, the case goes to the CPS and the officer is as much in the dark as you. In fact, you'll be the first to know anything!

The Witness Care Unit gets the information from (a) the Crown prosecutor dealing with all the hiccups and set-backs, and (b) the Court listing staff who have to timetable the cases. The WCU staff are often, but not always, based in a police station - depending on the area they are based in a Crown Prosecutor's Office. (It's not to be confused with another Witness Service, run by Victim Support, staffed by volunteers and based in court buildings. See what I mean by confusing?)

WCUs are legally obliged to keep you informed of court dates and results, and a whole lot of other things. The police officer is not expected to keep you updated with developments, but will phone you back if you want to speak to him/her about other matters relating to the case (eg intimidation)

I would go to this page on the Crown Prosecution Service's website and search for your local office's telephone number.

Hope that helps.