If a witness goes to the police to report a crime and makes a
statement against someone for a particular crime, does he/she have to
attend court if the suspect is arrested? Could the case still go to
trial just using the written statement as evidence? Or does that
person have to give evidence at any trial?

jaffyjames@googlemail.com wrote:
> If a witness goes to the police to report a crime and makes a
> statement against someone for a particular crime, does he/she have to
> attend court if the suspect is arrested? Could the case still go to
> trial just using the written statement as evidence? Or does that
> person have to give evidence at any trial?

They will almost certainly have to go to court if a plea of not guilty 
is entered. The defendant has a right to question the statement after all.

"Humpty Eggy"  wrote in message news:gd02l9$m2i$1@aioe.org...
> jaffyjames@googlemail.com wrote:
>> If a witness goes to the police to report a crime and makes a
>> statement against someone for a particular crime, does he/she have to
>> attend court if the suspect is arrested? Could the case still go to
>> trial just using the written statement as evidence? Or does that
>> person have to give evidence at any trial?
>
> They will almost certainly have to go to court if a plea of not guilty is 
> entered. The defendant has a right to question the statement after all.
>
Yes - if the witness is not prepared to back up the statement in court, then 
it is likely to be disregarded.

"Andrew McGee"  wrote in message 
news:HfqdnUTWxdeeCm7VnZ2dnUVZ8sGdnZ2d@bt.com...
>
> "Humpty Eggy"  wrote in message 
> news:gd02l9$m2i$1@aioe.org...
>> jaffyjames@googlemail.com wrote:
>>> If a witness goes to the police to report a crime and makes a
>>> statement against someone for a particular crime, does he/she have to
>>> attend court if the suspect is arrested? Could the case still go to
>>> trial just using the written statement as evidence? Or does that
>>> person have to give evidence at any trial?
>>
>> They will almost certainly have to go to court if a plea of not guilty is 
>> entered. The defendant has a right to question the statement after all.
>>
> Yes - if the witness is not prepared to back up the statement in court, 
> then it is likely to be disregarded.

However, certain prosecution agreements can be accepted prior to trial by 
agreement.
It depends on whether the defence accept them.

M.I.5¾;572530 Wrote: 
> "rond" rond.33a5fcf@legalbanter.co.uk wrote in message 
> news:rond.33a5fcf@legalbanter.co.uk...-
> 
> 'Steve O[_3_ Wrote:-
> ;572063']"Andrew McGee" amhome@btopenworld.com wrote in message
> news:HfqdnUTWxdeeCm7VnZ2dnUVZ8sGdnZ2d@bt.com...-
> 
> "Humpty Eggy" big@fall.com wrote in message
> news:gd02l9$m2i$1@aioe.org...-
> jaffyjames@googlemail.com wrote:-
> If a witness goes to the police to report a crime and makes a
> statement against someone for a particular crime, does he/she have to
> attend court if the suspect is arrested? Could the case still go to
> trial just using the written statement as evidence? Or does that
> person have to give evidence at any trial?-
> 
> They will almost certainly have to go to court if a plea of not
> guilty
> is
> entered. The defendant has a right to question the statement after
> all.
> -
> Yes - if the witness is not prepared to back up the statement in
> court,
> then it is likely to be disregarded.-
> 
> However, certain prosecution agreements can be accepted prior to
> trial
> by
> agreement.
> It depends on whether the defence accept them.-
> 
> Steve is right. Normally the witness statement is served on the
> defence
> who will decide whether or not to accept that written evidence. If
> they
> choose not to accept it, then the witness will normally have to
> appear
> in person to give evidence and be cross examined.
> -
> 
> That would make sense.   BUT...
> 
> The last time I did jury service, there was one trial were the defence
> had 
> accepted all the prosecution evidence as given.  The prosecution
> witnesses 
> still had to appear, but the prosecution counsel was permitted to lead
> the 
> witnesses and the defence declined to cross examine every one of them.

That situation is not uncommon. I have given evidence in such
circumstances. I wonder if it is the prosecution being a bit careful
and not wanting to be double sixed by the defence on these occasions?




-- 
rond

'Steve O[_3_ Wrote: 
> ;572063']"Andrew McGee" amhome@btopenworld.com wrote in message 
> news:HfqdnUTWxdeeCm7VnZ2dnUVZ8sGdnZ2d@bt.com...-
> 
> "Humpty Eggy" big@fall.com wrote in message 
> news:gd02l9$m2i$1@aioe.org...-
> jaffyjames@googlemail.com wrote:-
> If a witness goes to the police to report a crime and makes a
> statement against someone for a particular crime, does he/she have to
> attend court if the suspect is arrested? Could the case still go to
> trial just using the written statement as evidence? Or does that
> person have to give evidence at any trial?-
> 
> They will almost certainly have to go to court if a plea of not guilty
> is 
> entered. The defendant has a right to question the statement after
> all.
> -
> Yes - if the witness is not prepared to back up the statement in
> court, 
> then it is likely to be disregarded.-
> 
> However, certain prosecution agreements can be accepted prior to trial
> by 
> agreement.
> It depends on whether the defence accept them.

Steve is right. Normally the witness statement is served on the defence
who will decide whether or not to accept that written evidence. If they
choose not to accept it, then the witness will normally have to appear
in person to give evidence and be cross examined.




-- 
rond

"rond"  wrote in message 
news:rond.33a5fcf@legalbanter.co.uk...
>
> 'Steve O[_3_ Wrote:
>> ;572063']"Andrew McGee" amhome@btopenworld.com wrote in message
>> news:HfqdnUTWxdeeCm7VnZ2dnUVZ8sGdnZ2d@bt.com...-
>>
>> "Humpty Eggy" big@fall.com wrote in message
>> news:gd02l9$m2i$1@aioe.org...-
>> jaffyjames@googlemail.com wrote:-
>> If a witness goes to the police to report a crime and makes a
>> statement against someone for a particular crime, does he/she have to
>> attend court if the suspect is arrested? Could the case still go to
>> trial just using the written statement as evidence? Or does that
>> person have to give evidence at any trial?-
>>
>> They will almost certainly have to go to court if a plea of not guilty
>> is
>> entered. The defendant has a right to question the statement after
>> all.
>> -
>> Yes - if the witness is not prepared to back up the statement in
>> court,
>> then it is likely to be disregarded.-
>>
>> However, certain prosecution agreements can be accepted prior to trial
>> by
>> agreement.
>> It depends on whether the defence accept them.
>
> Steve is right. Normally the witness statement is served on the defence
> who will decide whether or not to accept that written evidence. If they
> choose not to accept it, then the witness will normally have to appear
> in person to give evidence and be cross examined.

Thanks, but I just noticed I said, "certain prosecution agreements" when I 
meant to say, " certain prosecution statements"
I'm sure you know what I meant, though.
;-)

"rond"  wrote in message 
news:rond.33a5fcf@legalbanter.co.uk...
>
> 'Steve O[_3_ Wrote:
>> ;572063']"Andrew McGee" amhome@btopenworld.com wrote in message
>> news:HfqdnUTWxdeeCm7VnZ2dnUVZ8sGdnZ2d@bt.com...-
>>
>> "Humpty Eggy" big@fall.com wrote in message
>> news:gd02l9$m2i$1@aioe.org...-
>> jaffyjames@googlemail.com wrote:-
>> If a witness goes to the police to report a crime and makes a
>> statement against someone for a particular crime, does he/she have to
>> attend court if the suspect is arrested? Could the case still go to
>> trial just using the written statement as evidence? Or does that
>> person have to give evidence at any trial?-
>>
>> They will almost certainly have to go to court if a plea of not guilty
>> is
>> entered. The defendant has a right to question the statement after
>> all.
>> -
>> Yes - if the witness is not prepared to back up the statement in
>> court,
>> then it is likely to be disregarded.-
>>
>> However, certain prosecution agreements can be accepted prior to trial
>> by
>> agreement.
>> It depends on whether the defence accept them.
>
> Steve is right. Normally the witness statement is served on the defence
> who will decide whether or not to accept that written evidence. If they
> choose not to accept it, then the witness will normally have to appear
> in person to give evidence and be cross examined.
>

That would make sense.   BUT...

The last time I did jury service, there was one trial were the defence had 
accepted all the prosecution evidence as given.  The prosecution witnesses 
still had to appear, but the prosecution counsel was permitted to lead the 
witnesses and the defence declined to cross examine every one of them.