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Can I be called as a witness if I've not signed a statement?

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  • Can I be called as a witness if I've not signed a statement?

    I witnessed a RTA in which a car drove into an oncoming car (maybe purposely) I gave my number with regards to being a witness for insurance purposes.
    I was contacted by police and asked to come to the station and give a statement. Near the end of the statement the police computer crashed and lost the entire statement. The officer then said she will re write the statement and asked if I could come back once she's finished it (the next day or so) and I would be able to read through it and then sign it.
    I was also asked to send photos of the aftermath that I had of the accident which I did while at the station and signed something to say I had given the photos.
    After consideration I decided that I would prefer not to go back and sign the statement and that I did not want to be a witness. I returned a call regarding coming to the station asking me to come and sign the statement and left a voicemail stating that I no longer wished to go ahead with giving the statement and that I did not therefor want to proceed with agreeing to sign the statement.
    I received a previous voicemail and text message regarding updates to the case (which I just assumed were sent in error)
    I have received a voicemail today stating the defendent has pleaded not guilty and the case will be going to trial in July and that I will be required to attend as a witness.

    If I have not signed a statement, should I be required to attend?
    Also I am on holiday on that date and won't be in the country.

    Your advice would be gratefully appreciated.
    Tags: None

  • #2
    Re: Can I be called as a witness if I've not signed a statement?

    Hi and welcome

    As you have received verbal instructions you should receive an official document (a subpeona) instructing you to attend court to give evidence.
    If you fail to appear the court can issue an arrest warrant

    You should be contacted by a Witness Care Unit (http://www.cps.gov.uk/news/fact_shee...ss_care_units/)

    Comment


    • #3
      Re: Can I be called as a witness if I've not signed a statement?

      Thank you for your reply des8

      I was contacted sometime ago and asked to sign the statement but replied stating that I would rather not sign it and not be used as a witness. Didn't hear anything else until recently from witness care.

      It is the Witness Care that has just contacted me to tell me when the court date is (while I'm on holiday)
      She said she had sent me a message asking about any holidays dates but I definitely didn't receive any message of that kind.

      I had only received one previous text and voicemail message since stating that I didn't want to go through with signing and giving the statement from witness care just saying they wanted to update me regarding the case.

      I assumed this was sent in error because I had not signed the statement and asked not to be a witness.
      I have not even read the statement that the officer re wrote.

      I'm just a little confused as to why I'm still being called as a witness if -
      1. Have not read or signed the statement that the officer re wrote

      2. After contacting the officer back to say that I was no longer wanting to be used a witness and did not want to go ahead with signing the statement and not hearing back from them.

      3. I've not received any official documents at all.
      Just a voicemail asking me to come and sign the statement (which I called back and left the above message)
      And another voicemail from Witness care letting me know when the court date is.

      After speaking to witness care, she said she was unaware that the statement had not been signed.

      So if I'm on holiday at the time, what am I supposed to do? I have since told witness care all the above information and that I'm on holiday.
      She got a little abrupt with me but it's not my fault they didn't realise that the statement has not been signed and that I asked not to be called as a witness

      I'm feeling really pressured by all this. And worried that it may affect my holiday with my family.

      Comment


      • #4
        Re: Can I be called as a witness if I've not signed a statement?

        Unfortunately whether or not you have signed a witness statement, you can be subpeonad as a witness.
        It might make you "hostile", but assuming it is the CPS calling you they might not be concerned.

        Trials are schedule sometime in advance, but final date may be set as little as two weeks in advance.
        I would WRITE to witness care, setting out the fact you were not consulted regarding available dates, and advising them that you will be abroad on a family holiday, and you would appreciate the trial being rescheduled.
        Do not go on about not wanting to be a witness. As a citizen law and order and its enforcement is not something you can opt out off. Courts take a dim view of peeps not doing their duty!

        Comment


        • #5
          Re: Can I be called as a witness if I've not signed a statement?

          Ok I understand, thank you for all your help and advice

          Comment

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