Benefit fraud court appearance as witness

Cate1976

OP: Just want to give you some (((((HUGS))))). Not sure what advice to give you re the court appearance except to say that having been through IVF, I can understand why you don't want the extra stress of attending court during your treatment. I'm wondering if you can submit the evidence you have to the defence in the hope that it'll mean you won't be called on the day? Please do let me know by PM what the result is of you IVF.

Jobseeeker

NYM wrote: »

I'm still confused, why would his defence call you to give evidence that actually proves his fraudulent activity ?
.

Im guessing they want to trip her up or discredit her in some way. Hopefully they won't make the OP testify when she explains the situation

NYM

Jobseeeker wrote: »

Im guessing they want to trip her up or discredit her in some way. Hopefully they won't make the OP testify when she explains the situation

Well they can certainly try, but unfortunately for them, it's possible the OP's written proof with trump that. Unless, of course, they feel that she was complicit in the 'arrangement' and her evidence is insufficient to prove otherwise. :think:

The Courts are not as intimidating as some think. They recognise how anxious some witnesses are and will not allow someone testifying to be treated discourteously.

I'm confident the OP will be treated sensitively if it ever gets that far.

dottodot

Firstly, OP, just wanted to say good luck with the IVF... have been there myself and agree, I wanted to keep stress to an absolute minimum. Sending loads of positive vibes your way!

Re the court case. Is it possible that your ex can guess that you would be nervous and not want to attend... therefore is hoping that by requiring you to be there the case may fall through??

From some v limited experience I have in this area, a lot of people (or so it seems to me) plead not guilty until the last minute and then change their plea at the start of the trial - I guess kind of hedging their bets. So even if it does seem that you will have to give evidence, try not to stress - it may well not happen!

sammyjammy

ceecee1 wrote: »

I work as a fraud investigator and have found over the years that many people plead not guilty on the advice of their solicitor. It seems as if their legal advisers wait until the last minute to make sure that all the witnesses turn up and that the case can go ahead.

Totally agree with this, I was witness in a Crown Court case, the accused were a very rough and scary neighbor of mine and her daughter, like you I was very nervous and scared about appearing but I couldn't have lived with myself if i didn't, I needn't have worried as the exact thing happened as quoted above. As soon as their solicitor was advised all the witnesses had turned up they pled guilty.

It makes me so cross that all this Court time and money are wasted by people doing this, its apparently very common.

thorsoak

Different type of case, I know - but a few years ago, I witnessed someone being grossly cruel to a dog in the street and I intervened, and stayed with the dog until the police arrived (other people also witnessed the incident). The police/RSPCA prosecuted and I gave a witness statement. I was told that I'd need to testify in court and I agreed (reluctantly) as he was pleading not guilty. When the court case was due, I turned up as a witness as did several of the other witnesses - and apparently he and his solicitor were so gobsmacked at the number of us that were prepared to testify that he changed his plea to guilty before going in front of the magistrates. The magistrates sentenced him but then asked for us to come into court so that they could thank us!

So you might turn up and he might do the same thing and cave in.

[Deleted User]

Don't you await a Court Order before attending court. I do anyway, and if I get one then I take action.

I think you must hate this person, maybe they did something very bad. Shocked.

zzzLazyDaisy

NYM wrote: »

Have a read of CPR Part 32 to familiarise yourself with procedures.
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32

Those are the civil procedure rules; they don't apply to criminal cases.

spacey2012

You have no choice, fail to turn up and you will be arrested and taken to court for contempt and could even be jailed.
You must turn up and you must take the oath and answer the questions whilst the accused sits a few feet away.
You will be cross questioned by a barrister, as long as you speak the truth you will be ok.
This should have been thought about before giving a statement.

Same applies to anyone giving evidence or information about benefit fraud.
If they need you, they will find you and summons you.

UnderPressure

spacey2012 wrote: »

You have no choice, fail to turn up and you will be arrested and taken to court for contempt and could even be jailed.
You must turn up and you must take the oath and answer the questions whilst the accused sits a few feet away.
You will be cross questioned by a barrister, as long as you speak the truth you will be ok.
This should have been thought about before giving a statement.

Same applies to anyone giving evidence or information about benefit fraud.
If they need you, they will find you and summons you.

You are of course correct but I would not appear because someone from the local council asked me to, OP you will in due course be formally summoned to appear, as others have said don't sweat it, it is nothing like you think it will be so don't let it add to your anxiety levels

Now on a more tongue in cheek level, what was the name of that film, the one with the rabbit in mmmmmmmm I cannot for the life of me remember...............