whats the law

[julie1]

Today i got a knock on the door it was the police. My son and two other lads were on cctv at the local middle school, the two other lads destroyed there veg garden and broke some windows. the police want my son to be a witness as he never broke anything but was seen on the cctv as being with them. Big problem the two boys live either side of our house, how can he be a witness for the police. I asked my son why this happened he said he doesnt no why he thought it was ok to pull veg out of the ground but he new it was wrong to through them at the windows, as it made them dirty. He told the police when they started to throw the veg he then climbed onto the roof and sat there until it was over. My son has always sat on roofs when he is over loaded and unsure what is happening, he does it often at home. But im affraid the police will see that as further vandilisim. What i am asking is does he have to be a witness is it the law. My son understood that part of what they were doing was wrong, thats why he choose to opt out and sit on the roof, he wants to be accepted by the local children, but im now afraid that will never happen, and we might have to move house.

[justine1]

Today i got a knock on the door it was the police. My son and two other lads were on cctv at the local middle school, the two other lads destroyed there veg garden and broke some windows. the police want my son to be a witness as he never broke anything but was seen on the cctv as being with them. Big problem the two boys live either side of our house, how can he be a witness for the police. I asked my son why this happened he said he doesnt no why he thought it was ok to pull veg out of the ground but he new it was wrong to through them at the windows, as it made them dirty. He told the police when they started to throw the veg he then climbed onto the roof and sat there until it was over. My son has always sat on roofs when he is over loaded and unsure what is happening, he does it often at home. But im affraid the police will see that as further vandilisim. What i am asking is does he have to be a witness is it the law. My son understood that part of what they were doing was wrong, thats why he choose to opt out and sit on the roof, he wants to be accepted by the local children, but im now afraid that will never happen, and we might have to move house.

 

I am no lawyer but I dont think he HAS to be a witness,think about when there is gang violence (I know this is different) if someone witnesses such crimes they wont admit it even if police know they were present because they may get assulted themselves.You never know if the boys can end up bullying him or just making his life miserable.So when the police ask you just tell them he does not wish to make a statement,if need be tell them about his ASD.This is what I think!

[julie1]

thanks justine, had thought of that but i thought with the cctv showing he was there he had to do it. i will try to get some advice from NAS tomorrow. only problem is he told the police everything he new as soon as they arrived at my house tonight, he is just to honest and is not aware of the forseable problems this whole situation is going to cause. Why on one of the very few occasions that i let him out does he have to find trouble? Ive told him he is grounded for life lol.

[minerva]

I was in a situation where I did have to be a witness last year, it was in a major case so i'm not sure 100% if the law is the same but in the situation I was in I wouldnt have had to give evidence if I hadnt given them a statement.

 

Once you have given a statement they can summons you as a witness even against your will and you will be prosecuted for contempt of the court if you refuse to attend.

 

Make sure he is 100% sure of being a witness before he does any formal statement at all!!

 

I am also someone who doesnt seem to be able to go anywhere without some major disaster happening! I'd like to think it's just bad luck though lol

Edited October 7, 2009 by minerva

[chris54]

First, has he made a formal statement, has he been formally interviewed, both of these would have been done at the police station. Before ever of these things happen get a solicitor, you need to be certain that he is only a witness and not being treated as a co-defendant.

[minerva]

chris54, just to clarify....a formal statement doesnt have to be taken at the police station. Mine was given in my front room. It does however have to be written down and signed.

[chris54]

chris54, just to clarify....a formal statement doesnt have to be taken at the police station. Mine was given in my front room. It does however have to be written down and signed.

Yes your quite right. I was thinking of a situation where the parent wasn't present. A formal statement can be taken anywhere as long as the correct formalities are followed.

 

 

[julie1]

thanks for the replies, My son has to do the statement tonight. The other boys involved are saying they did nothing wrong it was all my son. There parents are saying that there children no the difference between right and wrong and my son is just a grass. It always comes down to my son being ASD they think its always his fault. They just cant see that there children always put the blame on my son. The other boys told my son that he did everything and now my son is doubting himself again. He is saying things like i always get things wrong, and my brain is a bit wrong it must be my fault why would my friends lie to me. I saw the care taker this morn and explained what my son is now saying. He is even more cross now as he has seen the cctv and has told me my son was just sitting on the wall the whole time he did nothing. He identified my son and hoped he would tell the police who the other boys were. My problem is my son would never be able to cope with court, he always belives what people say to him and when or if he were to be cross examined he would just agree with whatever the other people said to him. He has no self belif and is always ready to take the blame, he just wants to have friends.

[julie1]

First, has he made a formal statement, has he been formally interviewed, both of these would have been done at the police station. Before ever of these things happen get a solicitor, you need to be certain that he is only a witness and not being treated as a co-defendant.

Sorry to sound thick but whats a co defendent? Can my son have any support with the statement with him having ASD

[minerva]

A co-defendant is someone who is also to blame.

 

He has to do a statement tonight? If he "has to" do the statement I would presume that they have him as a suspect so to speak. If the other boys are using him as a scapegoat I dont see what choice he has but to tell his own story.

 

Firstly I would keep him away from the boys as much as possible so they cant confuse him further. Although that may be impossible I dont know.

 

Next thing you need to do is get a solicitor, preferably one with knowledge of ASD but if not then someone with willingness to put in the time and effort to find out.

 

If you are going to give the statement without a solicitor I would refuse to go until you have managed to get one. If these boys are able to twist your child up then the police wont have any problems with it at all!

 

Dont worry too much about court at this stage, if necessary (it may not get that far!) he will be able to give evidence via video link. He will just be sat in a room on a sofa talking to one person about what happened, the court will see him but he wont see them.

[julie1]

Well my son did his statement. we were told that my son is a witness only. He only had to identfiy the other boys and explain his own part in the event. He was told the cctv shows very clearly that my son did nothing wrong it was the other boys. The police man has told my son not to listen to what other people say, if this matter goes to court the cctv should be enough evidence by itself. On the statement the police officer ticked the box to say my son would be unable to be in court and give evidence due to his autism. He also tried to explain that real friends would not be hurting him and then making him take the blame for something he did not do. My sons response was well they let me join in with them sometimes otherwise i have no one. Thats the truth of it my lonely son would rather be bullied and teased than have no one to be with. We have got to work on his self esteem and prove to him he is worth more than that.

[julie1]

well we are getting closer to the end at last. I got a phone call from the police today just an update they said. one of the other boys confessed to everything, but the other boy is still saying it was all my son. The police said my son is a witness only and he has signed the box which said my son would be unable to stand up in court so that is 1 less worry. Lets hope it all ends soon.

[Tally]

If they have it on CCTV, it should be a pretty clear cut case. I hope it will all be over soon!