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alb
Hi,

Im awaiting a court date for an allegation made against me for "using a handheld mobile whilst driving".
When i was stopped by the officer back in april, my then girlfriend was in the car with me, however we have now split up.
Originally, the plan was for her to be a witness in my defence, as she can confirm that i was not using a phone at the time.
I was just wondering if there was a need for her to be a t court for the hearing and give evidence in person, or if i could get a written, signed statement from her confirming the fact that i easn't on using a mobile. If this is possible, what format should the statement take, ie. should it be a letter addressed to the court, or simply a statement of the events that took place?
Also, is what details should i use in the statement? Any help/example would be greatly appreciated.
Thanks,
alb.
borsicorn
She needs to be there so that she may be cross-examined.

In theory, you could submit a witness statement from her with an application to the magistrates to adduce hearsay evidence.

In practice, not a chance. Sorry.

Even if she goes, I doubt the mags will believe you both, assuming that the police have no vested interest.
alb
QUOTE (borsicorn @ Sun, 29 Jul 2007 - 16:26) *
She needs to be there so that she may be cross-examined.

In theory, you could submit a witness statement from her with an application to the magistrates to adduce hearsay evidence.

In practice, not a chance. Sorry.

Even if she goes, I doubt the mags will believe you both, assuming that the police have no vested interest.


Thanks for your reply.
I was not using my mobile when i was stopped, and i have records from my mobile network to confirm this. Also, the police will not have any evidence to show i was on the phone (because i wasn't), so i would have thought that i should be alright with out her statement if neccessary. I would like her to be there anyway, as im sure her statement will add to my case.
My only worry is whether she will be able to attend on the day, so i was hoping a witness statement may suffice.

alb
davepoth
QUOTE (alb @ Sun, 29 Jul 2007 - 15:39) *
Hi,

Im awaiting a court date for an allegation made against me for "using a handheld mobile whilst driving".
When i was stopped by the officer back in april, my then girlfriend was in the car with me, however we have now split up.
Originally, the plan was for her to be a witness in my defence, as she can confirm that i was not using a phone at the time.
I was just wondering if there was a need for her to be a t court for the hearing and give evidence in person, or if i could get a written, signed statement from her confirming the fact that i easn't on using a mobile. If this is possible, what format should the statement take, ie. should it be a letter addressed to the court, or simply a statement of the events that took place?
Also, is what details should i use in the statement? Any help/example would be greatly appreciated.
Thanks,
alb.


A Section 9 witness statement is allowed, under the Criminal Justice Act 1967. There is a lovely explanation of how to write it out at:

http://www.hse.gov.uk/enforce/enforcementg...ess/witness.htm

The CPS are allowed to object however, in which case your ex will be called as a witness.
andy_foster
QUOTE (borsicorn @ Sun, 29 Jul 2007 - 16:26) *
She needs to be there so that she may be cross-examined.


Only if the prosecution (or the court of their own volition) require her attendance.

QUOTE
In theory, you could submit a witness statement from her with an application to the magistrates to adduce hearsay evidence.


Since when does a witness statement regarding matters that the author has witnessed, count as hearsay?

QUOTE
Even if she goes, I doubt the mags will believe you both, assuming that the police have no vested interest.


Depends on several factors.



As davepoth has said, she could submit a section 9 witness statement. This needs to be disclosed to the prosecution (copied to the court) at least 7 days before the trial. The prosecution have 7 days to object and require her attendance. However, it is common for the prosecutor not to see the bundle until the morning of the trial, at which point (as long as the disclosure was served in good time) it is too late to object.
alb
QUOTE (davepoth @ Sun, 29 Jul 2007 - 20:53) *
A Section 9 witness statement is allowed, under the Criminal Justice Act 1967. There is a lovely explanation of how to write it out at:

http://www.hse.gov.uk/enforce/enforcementg...ess/witness.htm

The CPS are allowed to object however, in which case your ex will be called as a witness.


Thanks for the link, its really helpful.

I've had a look through the information on there, and it seems i will need an S9 witness statement (which i assume means section 9, as you stated).
Would this need to be a special form of some kind, or can she simply type it up, put in the perjury declaration statement, and sign this, which i will send off to the court? If a form is needed, where would i obtain one of these?

Thanks to all who have responded,
Alb
alphanov
The S9 statement follows the following format (or something very similar. Once the statement has been entered after this text then the person making the statement should sign it. It is better to space the body of the statement at 1.5 lines to allow notes to be scribbled in their by the prosecution solicitor.


Witness Statement

(CJ Act 1967, s.9; MC Act 1980, ss.5A(3)(a) and 5B; MC Rules 1981, r.70)

Statement of: <name>

Age if under 18: <over 18> (if over 18 insert ‘over 18’): Occupation: <name>



This statement (consisting of <x> pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true.


Signature: <squiggle> Date: <date of statement>

Hope this helps!
alb
Thanks for this, i'll email it on to her and ask her to complete it in.

As of yet, i am still to receive a summons from the court, although the alleged offence happened at the begginnig of April. I know they have 6 months to give me a summons, but is that 6 months from the date of offence, or 6 months + 28days to allow for the period of me to send back the FPN.

I've had a lot of problems with this, including the court claiming that they never received my FPN slip back, so they served me a notice of penalty (saying i muct pay £90 and still recieve the 3points, or bailiffs would come to reclaim it). At this point i spoke to the CTO, who claimed it had been a computer error, and that I could ignore it and they would return my driving license (which i had to surreander to the local station). A few days later, i received my license back, but it had been endorsed with 3 points. I again spoke to the CTO, and ended up taking an afternoon off work to drive my license to the CTO personally and demand the points be removed.
Could any of this be used to my advantage in court at all (in terms of abuse of process etc)?

Thanks for all the help. im quite new to all this so im very greatful for all the advice given!
Alb
alphanov
The 6 months runs from the date of the offence and is the time that the prosecution have to lay evidence before the court. The summons, however, can arrive months later! If your "offence" was greater than 6 months ago a call to the appropriate magistrates court should help ease your mind!
alb
QUOTE (alphanov @ Tue, 31 Jul 2007 - 00:38) *
The 6 months runs from the date of the offence and is the time that the prosecution have to lay evidence before the court. The summons, however, can arrive months later! If your "offence" was greater than 6 months ago a call to the appropriate magistrates court should help ease your mind!


Thanks for the reply. I was stopped on 5th April, so they still have a few months to lay the evidence with the court.

When/if the summons comes, at what point would i be given a copy of the "evidence" the police have? I assume that they will only have the video for the police cars on board camera ( which will also show i was not using a phone)?

Thanks for the replies,

Alb
alphanov
The "evidence" is only offered after you have elected to plead Not Guilty. The prosecution have to disclose at least 7 days before the hearing for the "evidence" to be admissible.
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