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Does my friend have to appear in court as a witness/victim of domestic assault/abuse for the case to go ahead?

England, AR |

She was assaulted 3wks ago by a partner & suffered facial injuries/trauma associated with the assault. She has given a statement to police and it has gone to CPS.He was arrested, detained for a short while and bailed to appear in court.She does not want to appear in court, but she still wants to go ahead.The CPS have asked her to retract her statement and do another statement to verify this with the police, but she does not want to retract her statement.Can the case still go ahead without her appearance at court with all the evidence they already have.They have a statement,facial photographs,police log,hospital log, mobile phone evidence?Can they make her appear in court by issuing a summons to appear?Can she appear via video link/screen so she does not have to face her abuser?

If my friend is summoned to court & the case goes ahead.What is the likelihood of sentence for Common Assault in England? Her partner was a police officer for years and retired a few years ago will this help him & go against her with the knowledge he has of the system? Will he be issued a restraining order by the court if he his charged?

Attorney Answers 1


The prosecution may be able to make a motion to have her testify when the defendant is not present, but this would very likely fail. This situation is present in all cases where there has been a crime and ALL defendants have a right to face and cross examine their accusers. Nothing should be done to change a statement. All questions should be to the prosecuting attorney and nothing should be done without their involvement beforehand.

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