Joined: 24/April/2009
Location: Australia
Posts: 9
QuoteReplyTopic: Questioning request by police Posted: 02/July/2009 at 13:04
My partner was charged 2 months ago. Police have asked me if I would go down to the police station to "tie up a few loose ends"? Do I have to go of my own free will to meet with them?
You do not have to make a statement if you don't want to. But you can still be subpoenaed if a trial takes place. Having said that, it is less likely you will be subpoenaed if you don't make a statement because lawyers wont call a witness if they don't know what he or she is going to say.
Not guilty makes a good point. However consider this: If you make a statement, a trial will probably be less likely to happen. In the end, it is your choice though.
Hey sorry to hijack this thread,
But if she makes a statement then why is the trial less likely to happen?
My ex made a statement against me in the post titled Fraud?
I agree with scaredshizless, upon what basis do you think a trial is less likely to occur?
Generally, when police wish to "tie up a few loose ends", it means that they are trying to achieve an air tight case for trial so that as much reasonable doubt is removed as possible.
Also, I get the impression that yum-mum-03 does not wish to to give evidence against the ex and this could be for a number of reasons. For example, they don't want their ex-partner charged or convicted because they still love them, like them, still have feelings for them or whatever.
I agree its her choice. As for my earlier comment; perhaps a statement will help to create an air tight case. If the defence sees that the case is air tight, they may be more likely to plead. Yes?
That's true, the accused is more likely to plead. But on the other hand, the defence is in a weaker position with respect to plea bargaining and yum-mum-03 helps convict her ex.
Yes your right. How about this; what is yum-mum-03's motivation?
a) for the ex to be not convictecd or
b) to not have any involvement in court or have to see him again
What im saying is that she may not have an issue with him being convicted, provided that she doesnt have to give evidence in court. If she gives no statement, she would be summonsed to give evidence for sure. Yes?
You're right sillysilly, that's my mistake. As far as your comments are concerned shoeverine, I think you and I are making too many assumptions regarding yum-mum-03's motives.
Nevertheless, it is very rare that the prosecution will call a witness that has not previously made a written statement. And they will never call a witness that has neither made a statement nor been interviewed.
Yes he or she could be subpoenaed but the likelihood is virtually nil.
That is not entirely true TechSpec. it depends on which state you are in and the offences. It would also appear in many cases you need to be legally married to invoke the privilege.
Nevertheless, it is very rare that the prosecution will call a witness that has not previously made a written statement. And they will never call a witness that has neither made a statement nor been interviewed.
Yes he or she could be subpoenaed but the likelihood is virtually nil.
Can you talk more about this? My understanding was that in cases of domestic violence, Police will often summons aggrieved persons who have since expressed a desire to have charges dropped.
I agree with sillysilly, TechSpec. At least for the uniform evidence act jurisdictions, namely, the CTH, NSW, ACT, Tas, NI and Vic (soon), a spouse, de facto, parent or child of an accused has a right to object to being compelled to give evidence for the prosecution. Note however, it is only a right to object, not a right not to give evidence. Whether one must give evidence after an objection is made is for the judge to determine against the criteria in the Act.
It could be domestic violence shoeverine, but it could also be that she was a witness to a criminal act of her partner. I agree with you that police will summons a person who want the charges dropped but this is only after the person had already made a statement.
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