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Appearing as a witness

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Appearing as a witness

If you refuse to appear as a witness in court a subpoena can be issued ordering you to appear .
If you are then giving evidence and you are asked a question that might incriminate you are you required to answer ?
Remember you are under oath and if you lie that is an offence in itself.
Any legal brains out there who know the answer ?
12 REPLIES
RichAllen
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Re: Appearing as a witness

You are obliged to tell the truth, the whole truth and nowt but the truth.
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Re: Appearing as a witness

There is a legal clause which allows you to refuse to answer questions on the grounds that you might incriminate yourself. Someone I knew once got busted for something and used this when being interviewed under caution on the advice of their legal representation.
I've no idea if it's legal in court but I would assume that the judge cannot override ones legal rights. While it would be an offence to lie, it probably isn't to tell the judge you don't want to answer as you would be forced to incriminate yourself which in turn would break your right not to.
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Re: Appearing as a witness

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Courage is resistance to fear, mastery of fear, not absence of fear - Mark Twain
He who feared he would not succeed sat still

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Re: Appearing as a witness

I think you may be referring to Privilege against self-incrimination.
Some information here.

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Courage is resistance to fear, mastery of fear, not absence of fear - Mark Twain
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Re: Appearing as a witness

Quote from: Mav
Privilege against self-incrimination.

In the US it is known as 'pleading the 5th Amendment'.
In the UK a witness can decline to answer, but usually a tactical agreement between Crown Prosecution Service and the Defence self-incriminating questions would be avoided, remember the witness is not on trial.
more here http://www.cps.gov.uk/victims_witnesses/resources/index.html
Quote from: gleneagles
If you refuse to appear as a witness in court a subpoena can be issued ordering you to appear .

It's a summons and only for the Prosecution Service, "a no show" means a retrial and a possible prison sentence for the witness
nanotm
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Re: Appearing as a witness

Quote from: gleneagles
If you refuse to appear as a witness in court a subpoena can be issued ordering you to appear .
If you are then giving evidence and you are asked a question that might incriminate you are you required to answer ?
Remember you are under oath and if you lie that is an offence in itself.
Any legal brains out there who know the answer ?


get the CPS to give you immunity for any testimony you may give before agreeing to testify in court (make sure its in writing), if you try and refuse to answer a question a judge can order you to do so if it is deemed relevant to the case.
its better to get the free pass issued before the moment crops up, if your not sure how to go about it get a shyster to guide you through it, if your testimony is critical CPS will normally grant immunity in exchange for a full testimony, and if the dreaded questions arise your not left sat in jail on a contempt charge.....
just because your paranoid doesn't mean they aren't out to get you
Community Veteran
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Re: Appearing as a witness

So in a very recent famous case where they were using the best lawyers money can buy why was the witness in this case not given that advice.?
nanotm
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Re: Appearing as a witness

because the witness wasn't on trial and had no idea it was a frivolous prosecution to be utilized as a smear campaign by her control freak ex husband who hired the best legal and publishing team money can buy to defend the sisters and provided copies of personal correspondence along with the defence line that it was all down to the wife's drug taking, oh and taking drugs isn't illegal only supplying or carrying it, so there was no legal problem with admitting in court that she had used drugs......
just because your paranoid doesn't mean they aren't out to get you
Community Veteran
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Re: Appearing as a witness

Quote from: nanotm
oh and taking drugs isn't illegal only supplying or carrying it

Seriously? - I thought it was illegal to take them too?
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Community Veteran
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Registered: 11-08-2007

Re: Appearing as a witness

possession is an offence, but since they've been consumed...
Devonian
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Re: Appearing as a witness

Quote from: nanotm
utilized


*Utilised    Wink
nanotm
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Re: Appearing as a witness

its English Americano courtesy of the spell checker, at least its got the correct meaning instead of the mad jumble of letters I typed into the reply box  Roll eyes
just because your paranoid doesn't mean they aren't out to get you