Witness for prosecution

[Lm1129]

My dads case is due to go to court soon and I chased the witness care team for written information regarding the court. The letter I've been sent says I'm a witness for the prosecution, my brother thinks this is incompetence but I think it's a trick. Can anyone answer this?

[FA2016]

My dads case is due to go to court soon and I chased the witness care team for written information regarding the court. The letter I've been sent says I'm a witness for the prosecution, my brother thinks this is incompetence but I think it's a trick. Can anyone answer this?

Hi, this also worried us, my partners best friend who was present on the night she has accused him gave a statement to the police. When we went to the pre hearing at CC we were told his bf is a prosecution witness and the barrister advised us to have no contact with him as the prosecution can later say that this is intimidation of a witness.
What we have found out that might be of use to you;
If there are witnesses who are important to the case and who were interviewed by the police, these become key witnesses. Someone has to ensure the witnesses attend court otherwise the CPS wouldn't be doing there job if there are witnesses but they didn't use any of them. The peosecution in most cases will always ask for key witnesses to attend court. This isn't a trick, it just ensures they are brought to court. In our case the key witness is fully in support of my partner, there aren't any witnesses supporting her claim. We now have a few.
I would say its a good thing rather than a bad thing. It means you get to stand up, have your say, and support your father.

[Lm1129]

Thank you, it just seems very confusing because the letter says thank you for my continued support and without my evidence the case wouldnt be going to trial. Makes me very angry and offended. And if I'm a witness for the prosecution then I'll be in court earlier than the solicitor said I would be, not an issue as I'm sitting outside every day until I'm called in. I'm just worried that they only question me on evidence I made in my statement to the cps and not the one I made to the solicitor. All too close to the trial to be dealt with blows like this

[FA2016]

Thank you, it just seems very confusing because the letter says thank you for my continued support and without my evidence the case wouldnt be going to trial. Makes me very angry and offended. And if I'm a witness for the prosecution then I'll be in court earlier than the solicitor said I would be, not an issue as I'm sitting outside every day until I'm called in. I'm just worried that they only question me on evidence I made in my statement to the cps and not the one I made to the solicitor. All too close to the trial to be dealt with blows like this

Unless you have said anything which would outright support what she is accusing your father of then it is better for you to be in court as a witness as you will get the oppertunity to say the things you want to say as well. It's really important that the barrister on your defense knows you are now are witness so that he can prepare the questions for you to get across the important stuff you want to say. You have to remember that it won't just ben the peosecution that question you it will be the defense too.

[Casehardened]

I'm just worried that they only question me on evidence I made in my statement to the cps and not the one I made to the solicitor.

The prosecuting barrister will naturally enough do this, after all that is his job (to try to get a conviction)

However, after he has had his go, the defence barrister will be able to cross-examine you and this is his opportunity (by asking the right questions!) to enable you to put your side of the story over to the court.

This sort of strategy needs to be discussed at the pre-trial meeting with the solicitor and barrister.

EDIT apologies to FA2016, for repeating her advice....she can obviously type quicker than me!

[Rights Fighter]

Have you made a statement to the defence solicitor? If not do that asap as the CPS may magically drop you immediately prior to the trial or on the day you are due to give evidence, removing the opportunity for defence to cross-examine you.

Defence will need to call you and they can't if you aren't listed.

[Lm1129]

Yes and had an email from the defence solicitor which suggested very much that I was a witness for the defence, I've had no contact from prosecution other than a phone call from witness care service when they assumed I was prosecution and this letter.

[Rights Fighter]

You have a letter saying you are a witness for pros or you think the witness service assumed you are?

[Lm1129]

I have a letter that says I'm a witness for the prosecution

[Rights Fighter]

As long as defence will call you regardless, it's ok. I've seen too many cases where "prosecution witnesses" have been told they aren't needed on the day they are due to give evidence, and defence don't or can't call them as it's too late.

They need to call you as their witness. Hopefully they have already notified the court that you are also a witness for the defence too.