Retracting Statement in Court

B

Bazzer

Guest
I was assaulted, I was offered compensation. I said I would accept the said sum but by the time it came to collect monies the file had been sent to the DPP who thus issued summons for court.

Now the Defendant's solicitor has said that if I withdraw my statement in court the sum of money will still be paid (this can be confirmed in writing).

One doesn't need to be a barrister to know this is slightly dodgy!

If I was to take the stand and withdraw my statement what would be the implications for me? Obviously I would be asked why I was withdrawing the statement.

Is it sufficient enough to say you were compensated for the assault and don't wish to take the matter any further?
 
Are you serious?? The defendant's solicitor has said that you will be paid money for withdrawing your statement? I'm in shock! Was this put in writing?
 
talk to your own solicitor. Perhaps if the Court is made aware that compensation has been paid, a lighter sentence will be passed.
 
@ Kate10: I was told that compensation will still be paid if the case is dropped basically.

@ Yorrick: To be completely honest I'm not too bothered. I don't think this is like a murder case where witnesses are being intimidated or an "unjust" act. The fact is I was injured and now I *might* accept compensation for my injury.

I want to know how or why one would be found to be held in contempt of court in this scenario. Ravima I might talk to a solicitor but was hoping to get an idea here first.

Could I ask anyone with legal experience to read the last two lines of the original post and please try and offer me some advice. I didn't come on here to be judged or told I deserved what I got!
 
You were assaulted and you made a statement to that fact.

The court process is in place and you want to withdraw your statement so that you'll get the cash.

Surely, on the day of the case, you can add to your original statement by saying that you have been offered compensation of 'x' amount, that you are happy to accept it as an admission of guilt/recompense and that you would ask the court to issue a lighter sentence as a consequence.

Going head first into withdrawing your statement in court could risk annoying the Judge who might then decide to make an example of you for wasting court time.

You end up in trouble, statement withdrawn and no money appears.

An offer of compensation ..... ain't hard cash.

Consult a solicitor ... you're looking for detailed legal aid/advice ....... general advice from a forum won't answer it for you.
 
There was a similar thread not so long ago. This kind of thing happens all the time, talk to a solicitor and they will guide you as to what to do.
 
If the person is successfully prosecuted, then you'll almost certainly be able to sue for compensation. Would be a slam dunk case as assault is already proven in criminal case. Withdrawing the statement weakens your case for compensation and potentially gets you into trouble.
 
There is a very big difference between accepting compensation for your injuries, and withdrawing your statement on the understanding that you would be paid to do so. That does not happen all the time, and if a solicitor was involved in that it would be a striking off offence, imo. I hope that you have misunderstood what was said to you.

Kate.