Trouble on the train - would you give a statement?

[Greenback]

Having given a witness statement in the past for a road traffic accident, and the subsequent messing around/days off work/trips to Magistrate's Court to give evidence to have the case adjourned twice, then returning for a third time to be told I was no longer required...I would say no, I probably wouldn't give a statement ever again!!

Sadly, I think that negative experiences like yours do have an effect on a persons willingness to put themselves forward again.

Other factors are involved as well, such as those mentioned by 47802, where it could be the case that the witness doesn't think the assault (or whatever) was serious enough to warrant their involvement, or that the victim was in some way responsible for what happened to them.

I'd like to think that I would give me details, but who knows what would happen if, for example, I saw a loud and aggressive person 'assaulted' by way of someone acting in self defence?

Yes, I know that would be for a court to decide, but I can't help making my own judgements!

 

[RogerB]

I would certainly give my details.

I witnessed a road traffic accident and ended up in court. The copper at the desk mistook my witness summons for a normal summons and was very rude and condescending. When he read it properly he was equally obsequious!

It was quite an experience being ridiculed by the defence barrister but we won!

 

[ralphchadkirk]

I've nicely avoided having to write a witness statement/police interview. Thankfully they decided (in the end, at the 11th hour) that they didn't want mine!

 

[Tetchytyke]

It was quite an experience being ridiculed by the defence barrister but we won!

There is that as well. Courts are adversarial by nature, and I don't blame people for not wanting the hassle of being ripped to shreds by a defence (or prosecution!) barrister.

And if the evidence is slightly contentious, one of the two barristers will attempt to rip you to shreds.

 

[GodAtum]

because of the nature of the trains I get on i have been involved in a few incidents over the years. As a warning to others, I did help an RPI who was being assaulted. A few days later the same guy got on and harassed me. I did have to use a different to route to work for the following month.

 

[Muzer]

I was on a tube train at King's Cross, very tired at the end of a Tube Challenge attempt, when I noticed it had been stopped for a while. I looked around, and saw police arriving on the platform - turns out there had been an assault at the other end of the carriage and I hadn't noticed!

A couple of people actually *insisted* on coming along and giving witness statements, without the police even asking for some. I think they wanted to give the side of the story of the assaulter, since (from what I gathered from conversation) he was being repeatedly harassed in some way by the guy he eventually punched. Maybe people are more willing to go when they feel injustice might be done otherwise?

 

[NorthernSpirit]

I would give a statement to the Police, irregardless. I'd rather be held up and co-operative with the Police rather than ignoring what has happened.

 

[EssexGonzo]

Not that I've ever witnessed anything worrying on the trains but I would, for sure. I understand the fear of recriminations entirely but feel that if we all look away and treat such behaviour as not our business, society would be a poorer place and the scumbags would win. ( Or something philosophical like that).

I've been such a situation on a London bus at night, sat at the back of the lower deck watching three scumbags abusing and harassing the driver, banging on the screen , trying to prize his cab open with tools. The other passengers got off and walked away. I got off, walked around to the drivers window, checked he was ok, dialled 999 and flagged down a car for some moral support and witness. No other passenger hung around. Shocking. They left him alone.

The police caught them, I went to court and they got community service orders. And the driver's wife bought me a pint afterwards which was nice.

 

[IanXC]

Having been assaulted in the workplace, luckily that instance didnt require statements as it was all just about on CCTV. I have no doubt whatsoever that I would give a statement, in fact I've given 2 this year already.

My observation from this thread is that I don't really understand the idea that someone wouldn't give a statement if they didn't think it was serious enough, or if you thought the perpetrator brought it on them self. Surely it makes sense to give a statement saying that!

 

[Greenback]

My observation from this thread is that I don't really understand the idea that someone wouldn't give a statement if they didn't think it was serious enough, or if you thought the perpetrator brought it on them self. Surely it makes sense to give a statement saying that!

Yes, that would be logical, but not everyone thinks in that way! I don't think its' the way I would view things, and certainly not if a member of staff is on the receiving end, but I think that there are some out there who might believe that a bit of pushing or shoving, which is technically assault, would not warrant getting involved, especially if the two people had been arguing, inebriated and seemed to be friends before it kicked off. Chances are neither would want to pursue it in the cold light of day.

If, however, the same person witnessed something they decided was more serious, such as another person being knocked down by an unprovoked punch, or worse, then they might well be happy to give their details, provide a statement and se the matter through to a court appearance if necessary.

I'm not saying it's right, but I believe that some have a different sort of moral compass. I guess it all depends on the circumstances and the attitude of the witness.

 

[Edmondson]

I certainly would give a statement in such circumstances.

I have done in the past. I was once on a late night bus and a yob was assaulting the bus driver while we were actually on the move because he (correctly) wouldn't stop to let him off at a bus stop inside the city boundary. The yob had grabbed the drivers ticket machine off the plinth and had thrown it at the windscreen, shattering it in the process. Myself and two other passengers waded in and restrained the yob and the driver was able to divert to a nearby police station, where they yob was taken into custody. I never heard any more about it, so I assume he pled guilty.

 

[Greenback]

I certainly would give a statement in such circumstances.

I have done in the past. I was once on a late night bus and a yob was assaulting the bus driver while we were actually on the move because he (correctly) wouldn't stop to let him off at a bus stop inside the city boundary. The yob had grabbed the drivers ticket machine off the plinth and had thrown it at the windscreen, shattering it in the process. Myself and two other passengers waded in and restrained the yob and the driver was able to divert to a nearby police station, where they yob was taken into custody. I never heard any more about it, so I assume he pled guilty.

Or no action was taken, perhaps just a caution? This sort of thing could well contribute to apathy in my view. A passenger steps forward to assist, as in this situation, then learns that the miscreant has been given a slap on the wrist, so the witness loses faith in the justice system and decides not to bother again in similar circumstances. Just a hypothesis, mind you. I'd hope I wouldn't think like that!

 

[DarloRich]

My observation from this thread is that I don't really understand the idea that someone wouldn't give a statement if they didn't think it was serious enough, or if you thought the perpetrator brought it on them self. Surely it makes sense to give a statement saying that!

What I don’t understand about some responses in this thread is that the posters indicate they wouldn’t make a statement for what they consider to be minor matters. Who decides what a minor matter is? At what point does a matter become serious enough that you feel compelled to offer a statement?

I just don’t understand why you wouldn’t assist the police. To do so seems wrong to me on many levels.

 

[IanXC]

What I don’t understand about some responses in this thread is that the posters indicate they wouldn’t make a statement for what they consider to be minor matters. Who decides what a minor matter is? At what point does a matter become serious enough that you feel compelled to offer a statement?

I just don’t understand why you wouldn’t assist the police. To do so seems wrong to me on many levels.

Absolutely!

 

[Tom B]

I have never been in the situation on the railways, but would give my details if requested, and offer them if I had witnessed a situation. (Of course in the former case I may not have had a good view - but that would be reflected in what I would say).

I have twice given them to bus drivers - one in the case of an RTA and another in the case of an abusive passenger who alleged the driver did something he didn't - I never heard from the police or the council, I presume they would only contact a witness if the CCTV were defective.

 

[Greenback]

What I don’t understand about some responses in this thread is that the posters indicate they wouldn’t make a statement for what they consider to be minor matters. Who decides what a minor matter is? At what point does a matter become serious enough that you feel compelled to offer a statement?

I just don’t understand why you wouldn’t assist the police. To do so seems wrong to me on many levels.

Only the individual can make that judgement call. It may be based on personal experience. On the one occasion I was assaulted there were no witnesses, and although I went to the police station to try and identify the culprits, I had the distinct impression that, as I was not really injured, being basically just hit and pushed to the ground, doing anything proactive was very low on the list of their priorities.

I can't say I blame them. With only my description to go on, me being unable to positively identify anyone from the files, plus the fact that the nearest CCTV camera was out of order I doubted anything could be done in the circumstances. Even if I had identified them, the chances of anything happening in the criminal justice system was pretty low anyway.

I can well imagine that if there had been anyone around who saw what had happened, they wouldn't have thought it serious enough to involve themselves in anything more than chasing the two assailants away and helping me up. I doubt I would have gone to the police myself if one of my senior managers hadn't happened to see me ten minutes later and asked me what happened. He was keen for me to report it, otherwise I probably would have done nothing.

Naturally, there is no defined scale of what is serious and what isn't, it will vary between individuals, and will depend a lot on their own personal experiences. It's only natural.

 

[Mark62]

I remember way back in 89 and we had traveled down from Edinburgh to Preston. The train was diverted via the S+C. We only went because everyone thought the line was about to be closed and this was thought to be the last diversion from the West Coast before closure.
Anyway on the way back, we had to take a bus from Preston to Lancaster, and it was a 47 with a rake of First class corridors. We had a compartment to ourselves but next door some yobs were going crazy, ripping the place apart. Police were alerted and waiting at Penrith for the yobs. We were asked if we would be prepared to give our names and if necessary give evidence in court. We absolutely did give our names etc. I realise that some people may be scared of witness intimidation. But I do feel we all have a social responsibility to ourselves and the community to support the police. But I also believe that where there is the potential for witness intimidation then it is also the responsibility of the police to protect them. maybe so many people are reluctant to get involved because they have lost confidence in the police and judicial process.

 

[Hellfire]

(The well-dressed middle-aged female who was best placed to witness the incident seemed highly amused at even being asked - and point-blank refused.)

No doubt this female would have been the first to bleat if she'd been involved in an incident and everyone else turned away..

 

[johntea]

Was on a late FCC service the other night (not too late, about midnight). Seemed calm enough until Hatfield where suddenly we could see (and hear) a fight kicking off in the next carriage.

Next thing you know they're barging down the train with their fight and despite as many passengers as possible trying to break it up the people throwing the punches were like animals!

Eventually they departed the train and it carried on. Some very distressed people on the train after that though, I actually felt a bit helpless.