CroHammer 10:12 Wed Jan 10
Legal Advice needed
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As there are so many experts in here I thought this was a great first port of call for some advice.
I was called as an expert witness for a court case which is was adjourned last July. On Tuesday I was given 20 hours notice to attend court as said witness but was away with the family.
I advised the PC that I could not attend as away.
Not best pleased he turned into a bit of a twat and has now issued a summons for me to attend but I am still unable to make it..
What happens when I do not turn up tomorrow?
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Replies - Newest Posts First ( Show In Chronological Order)
JonWHUFC
3:51 Thu Jan 11
Re: Legal Advice needed
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Don't worry Cro. Boris Johnson has heard about this and is making a statement later this p.m. Watch out in them showers son!
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On The Ball
3:38 Thu Jan 11
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Which, strictly speaking, he hasn't.
What are you an expert in???
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Mace66
3:29 Thu Jan 11
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Just say you haven't received the summons
You'll be fine so long as the judge isn't a WHO regular
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Chigwell
2:50 Thu Jan 11
Re: Legal Advice needed
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Service by email is not sufficient generally, unless as a regular expert witness you have a standing agreement with the police to accept service of summonses (not just of general traffic) that way.
From the sound of it, the trial was called at the last minute which is pretty typical of criminal cases these days. Due to the pressure on court time, judges and magistrates get pretty tough if the prosecution is not ready to proceed. From the sound of it your evidence is needed to prove the case, so without you there the prosecution will not be ready: in which case expect the court to refuse another adjournment and the prosecution to offer no evidence.
You will of course not be popular with the officer - whether you get further work from that source may be in doubt.
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madeeasy
12:42 Thu Jan 11
Re: Legal Advice needed
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If you're in a cell and sending a message tomorrow then your arse will be in tatters as a new boy......
funny enough they don't let you take in mobile phones.
If you can attend then attend. if it is just changing some plans about then is it that much of a big problem for you.
some judges are ok some are arseholes.
If you say that you w as out shopping with your mrs and had a lunch organised with your mum then you are going to look a prick. Hospital appointment for a long term condition then you'll be ok
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CroHammer
12:38 Thu Jan 11
Re: Legal Advice needed
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The summons has been issued by email and they have received my out of office. The email remains unread!
Technically I don’t feel this has been served in the true sense and will not be changing my plans to attend.
I have acces to my work emails but I am not obliged to check these whilst on annual leave. They do not have my mobile number or home address although I’m sure they could find this out.
The dates of the court must have been known for some time and whilst they told me it would be early 2018 nothing was confirmed to me.
Generally I am a willing expert witness but I’m not changing my plans at the last minute.
I’ll send another message from my cell tomorrow!
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On The Ball
12:26 Thu Jan 11
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I think we need an update on this (assuming you're not in prison).
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Chigwell
5:05 Thu Jan 11
Re: Legal Advice needed
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If you are/were away when the summons was issued, how come it has been served on you? It must be served to be enforceable.
It's a contempt of court if you have been served but do not attend without good reason. A holiday would not be a good reason if you did not give your "dates to avoid" when the case was adjourned, or at least advise the police/CPS at the time you arranged the holiday.
Contempt of court is punishable with a fine or imprisonment so unless you see a way out (from what I wrote above) you should attend.
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Westham67
3:36 Thu Jan 11
Re: Legal Advice needed
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Not many legal experts but plenty of Would-be Rumpole of the Bailey types
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joyo
3:22 Thu Jan 11
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Civil or criminal case?
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On The Ball
10:26 Wed Jan 10
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How unable is "unable"?
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Trevor B
10:15 Wed Jan 10
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https://www.google.co.uk/search?q=what+happens+if+i+ignore+a+summons+to+appear+at+court+as+a+witness&ie=utf-8&oe=utf-8&client=firefox-b&gfe_rd=cr&dcr=0&ei=KHlWWt_1IonW8Ae99qDIBw
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