Witness Statement

missile

We observed some youths breaking into bike sheds. We phoned the police and gave a statement.

The police managed to identify two of them and they were charged for this and several other offences. I was notified when the case came to court and they were released on bail. I was not required to attend, but became aware that names of witnesses are given to the accused.

That night my wife's car was vandalised. It may have been co-incidence but we are of the opinion that this could have been in retaliation.

The police have now asked us to make a further statement about the vandalism. Obviously we would like to see the criminals brought to justice, but are concerned that if we give another statement this may lead to further retaliation. What would you do?

shaun_from_Africa

If the vandalism was down to the two accused, then giving a further statement is unlikely to make the matter any worse (IMO).

If they have already caused damage to your car, they may well continue to do this irrespective of what you do, and a further statement might help get them convicted and sentenced. (They are unlikely to be locked up, but you can only hope).

Is there any way that you can get a hidden CCTV pointing at the car to record anything else that may occur?

ljonski

I am surprised that your details were given to them by the police. Was it a mistake? Unfortunately now you are in this deep , it may be better to get to the other side of the river,rather than bail out now. if it was them doing the second act of vandalism, they may target you anyway out of malice, on a long term basis. Do as Shaun advises and beef up your security measures

missile

CCTV is not practical, as it is a communal parking area and car is not parked in the same spot each night.

I may be paranoid and it may just be co-incidence ours was the only car to be vandalised on the same night these yobos were in court. If I give another statement, they will definately know who we are, our address, which car it is and where it is parked. We still own that vehicle.

I would like them to be convicted, but unless they have a string of previous convictions they will likely be admonished.

Is it worth the risk that weeks, months, years later they may come looking for retribution?

missile

ljonski wrote: »

I am surprised that your details were given to them by the police. Was it a mistake?

Defendents are advised the names and addresses of all prosecution witnesses. It is their right to know who their accusers are.

imho

missile wrote: »

Defendents are advised the names and addresses of all prosecution witnesses. It is their right to know who their accusers are.

My god it puts you off reporting anything then.And why bother cause the lads will only get a slap on the hand.

missile

imho wrote: »

My god it puts you off reporting anything then.And why bother cause the lads will only get a slap on the hand.

In our c...k eyed justice system, it seems the criminal has rights and the victim has none. :eek:

bangersnmash

I'm really sorry to hear that you've had this dreadful experience. That's outrageous. The police and or court gave your details to the criminals. Including your address. That's incredible.

Is that usual? I've never heard of such a thing.

Or is it a mistake.

Either way that's appalling.

I wonder if you could get some redress. Perhaps start with a complaint and take it from there.

Maybe sue the police and or court. Maybe see if some national newspapers will feature it.

Sounds like a scandal to me - unless maybe I'm just ignorant and actually it's the norm for police and courts to encourage and facilitate criminals to attack witnesses. But surely not! That doesn't sound right. I know the government, police and justice system is massively failed in this country, which I've posted about extensively in Discussion Time, the last board on the list in this forum - but I didn't know it was that bad. That's absolutely incredible.

I hope you manage to do something about this. If I can think of anything else to suggest I'll pop back. Good luck with whatever you decide.

TonyMMM

You should be congratulated for being prepared to make a statement about the original offence. As you have no direct evidence to link the recent vandalism to the court case (however likely that may be) I don't see what you have to lose my making a statement about it.

As a general rule - those accused of offences do have the right to know who is making those accusations , which is exactly how it should be. Courts can make orders to keep witnesses details secret in cases where there is concern about intimidation etc.

keyser666

missile wrote: »

Defendents are advised the names and addresses of all prosecution witnesses. It is their right to know who their accusers are.

Where doe this statement come from? No they are not advised of the addresses. They are advised of the names and names only. Any witness statement should have the address of the witness redacted afetr it has been recorded on the back of a MG11

To the OP if they were provided with your names by the Police\CPS in the bundle then i would be making the appropriate complaint. I would also continue and make the further statement.

Also if they have been given your address details accidentally then i would request that the CPS bring them back before court and vary their bail conditions to reflect they are not allowed near that address whatsover.

missile

I don't see what you have to lose my making a statement about it.

Next time it could be my wife.

No they are not advised of the addresses.

I stand corrected. Please note: They were given our name and the address where the crime was allegedly commited.