Sorry about yet more questions !!

Can a defendant simply refuse to go on the stand at a Magistrates
court ? (a psychiatric report states that it will be beneficial for
said person to go on the stand and be accountable for their actions)

Can they issue a statement instead through their solicitor ? If so
what happens about being cross examined ?

Can they refuse to answer questions asked ?

If they do refuse to answer what will happen?

If they simply don't turn up what is the procedure, is it heard
without them and an arrest warrant issued ?

If an arrest warrant is issued what is the procedure, e.g does someone
go looking for them ?

What would happen if they "appeared" to have a seizure in court ? (the
magistrate has already said that this case has been adjourned too many
times due to the defendants poor health and will go ahead next time
despite the defendant's demeanour, it was adjourned this last time
because the defendants solicitor didn't think the defendant was well
enough to direct her, and the magistrate agreed)

What would happen if they turned up at court under the influence of
alcohol or drugs ?

thanks

smithy

Q Can a defendant simply refuse to go on the stand at a Magistrates
court ? (a psychiatric report states that it will be beneficial for
said person to go on the stand and be accountable for their actions)

A No

Q Can they issue a statement instead through their solicitor ? If so
what happens about being cross examined ?

A They do not have to give evidence or indeed say anything at all.

Q Can they refuse to answer questions asked ?

A Yes

Q If they do refuse to answer what will happen?

A The court will draw its own conclusions from the prosecution evidence.

Q If they simply don't turn up what is the procedure, is it heard
without them and an arrest warrant issued ?

A Yes

Q If an arrest warrant is issued what is the procedure, e.g does someone
go looking for them ?

A Yes. A policeman or two. They will be kept in custody overnight, possibly longer at a
weekend or bank holiday.

Q What would happen if they "appeared" to have a seizure in court ? (the
magistrate has already said that this case has been adjourned too many
times due to the defendants poor health and will go ahead next time
despite the defendant's demeanour, it was adjourned this last time
because the defendants solicitor didn't think the defendant was well
enough to direct her, and the magistrate agreed)

A If the seizure was faked, the case would just go ahead. If a doctor examines the person
and finds nothing wrong the case will just go ahead.

Q What would happen if they turned up at court under the influence of
alcohol or drugs ?

A If it was in front of me I would put the case off for 24 hours and remand the def in
custody to come back sober.

PS - the stand is an American thing. We put the defendant in the dock.

Bystander wrote:

PS - the stand is an American thing. We put the defendant in the dock.

I think "the stand" in the US is equivalent to the witness box and
"taking the stand" means testifying as a witness/defendant.

So I think to the first question:

Q Can a defendant simply refuse to go on the stand at a Magistrates
court ? (a psychiatric report states that it will be beneficial for
said person to go on the stand and be accountable for their actions)

is _yes_. IANAL but I can't imagine the defendant being dragged kicking
and screaming from the dock into the witness box.

Google found a few reports of UK cases where the defendant refused to
testify and the judge just said that "the jury may draw such conclusions
as they think appropriate".

Alan

On Mon, 20 Oct 2008 22:55:09 +0100, Alan Williams
wrote:

Bystander wrote:

PS - the stand is an American thing. We put the defendant in the dock.

I think "the stand" in the US is equivalent to the witness box and
"taking the stand" means testifying as a witness/defendant.

So I think to the first question:

Q Can a defendant simply refuse to go on the stand at a Magistrates
court ? (a psychiatric report states that it will be beneficial for
said person to go on the stand and be accountable for their actions)

is _yes_. IANAL but I can't imagine the defendant being dragged kicking
and screaming from the dock into the witness box.

As Bystander said, the defendant is not obliged to give evidence.
There are (rarely) circumstances which make it sensible not to.

Google found a few reports of UK cases where the defendant refused to
testify and the judge just said that "the jury may draw such conclusions
as they think appropriate".

That is a correct direction, but I think the judge should also say
that it is not an admission, and does not strengthen the prosecution
case; it merely fails to contradict it. The question is simply whether
the uncontradicted prosecution evidence is sufficient for conviction
or not.

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"

On Oct 20, 10:40*pm, Bystander wrote:


PS - the stand is an American thing. We put the defendant in the dock.

oops - sorry about that.

You said that they can say nothing, would a statement read out by
their solicitor be accepted ?

Also what is the actual definition of racially aggravated? This
person has not targeted someone because of their race, it wouldn't
have mattered who the neighbours were she would have damaged the door.
BUT Having damaged the door she has shouted at them "now you can speak
English" this comment was made because the neighbour was at the time
on the phone to the Police.

I know about definitions for employment law but not criminal law - to
me the comment made is very telling but the person in question
believes that she has merely stated a fact and that its not a racist
comment. She also doesn't think that making a comment about them
"being the foreign people" is racist.

To me any comment that singles them out as being culturally different
is not acceptable. Can you shed any light on this for me ?

thanks

smithy

Q If an arrest warrant is issued what is the procedure, e.g does someone
go looking for them ?

A Yes. A policeman or two. They will be kept in custody overnight,
possibly longer at a weekend or bank holiday.

Anyone got reliable statistics on this? The Daily Mail tells me that 1
in 20 defendants fail to turn up, and that provided they evade the
initial knock on the door they are almost never caught.

Bystander wrote:

PS - the stand is an American thing. We put the defendant in the dock.

And on the internet....

On Oct 20, 11:35*pm, Don Aitken wrote:
On Mon, 20 Oct 2008 22:55:09 +0100, Alan Williams
wrote:





Bystander wrote:

PS - the stand is an American thing. We put the defendant in the dock.

I think "the stand" in the US is equivalent to the witness box and
"taking the stand" means testifying as a witness/defendant.

So I think to the first question:

Q Can a defendant simply refuse to go on the stand at a Magistrates
court ? (a psychiatric report states that it will be beneficial for
said person to go on the stand and be accountable for their actions)

is _yes_. *IANAL but I can't imagine the defendant being dragged kicking
and screaming from the dock into the witness box.

As Bystander said, the defendant is not obliged to give evidence.
There are (rarely) circumstances which make it sensible not to.

Google found a few reports of UK cases where the defendant refused to
testify and the judge just said that "the jury may draw such conclusions
as they think appropriate".

That is a correct direction, but I think the judge should also say
that it is not an admission, and does not strengthen the prosecution
case; it merely fails to contradict it. The question is simply whether
the uncontradicted prosecution evidence is sufficient for conviction
or not.

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"- Hide quoted text -

- Show quoted text -

This person "knows" that she can't get her story straight and that if
she is challenged, even politley, she will lose her temper and start
effing and jeffing at everybody in teh court. She has done this in the
past, at Crown Court. Since then her solicitor has always suggested to
her that she plead guilty with recklessness and so she has never given
evidence or been cross examined.

Her solicitor on this occasion has suggested she plead guilty with
recklessness, but because she is likely to get sent down she is
refusing.

She will adopt every tactic she knows to delay the process. Its become
a game with her.

She has in the past brought the whole tram system in Manchester to a
halt during rush hour because she was on the tracks and they had to
turn the power off. Her ability to delay the process is very
frustrating to those of us that support her because of her behaviour.

smithy

In message , "
writes
Q If an arrest warrant is issued what is the procedure, e.g does someone
go looking for them ?
A Yes. A policeman or two. They will be kept in custody overnight,
possibly longer at a weekend or bank holiday.

Anyone got reliable statistics on this? The Daily Mail tells me that 1
in 20 defendants fail to turn up, and that provided they evade the
initial knock on the door they are almost never caught.


It sounds like this woman will come to the attention of the police soon
enough, and she will then have the additional charge of breach of bail.
--
Richard Miller

smithy wrote:

She has in the past brought the whole tram system in Manchester to a
halt during rush hour because she was on the tracks and they had to
turn the power off. Her ability to delay the process is very
frustrating to those of us that support her because of her behaviour.

Does she just stand in the middle of the road, or is she in a vehicle?