Summond by DWP for prosecution against girlfriend. HELP!!

[Weirwolf]

My girlfriend had her benefits stopped on alledged grounds that we were living together. This was not the case and she is fighting it. They have issued prosecution proceedings and as they have no evidence that have called me as a wiotness against her. At the time of this we were not living together, i was living with my mother who will not back up the fact that i was at her house.

Since this has been going on, and her benefits stopped we did move into a house as a couple. We also have children. We are not married. At the time when she was called to an interview I was so upset for her that I went to the council to explain that we didnt live together at all. I thought well if i go and clear up this mess it will be ok.. but it wasnt. They wrote everything i said and i signed it, now they are using as a statement against her.

 

What can I do? If I am summoned to court and she is found guilty, I will lose my family! I love her and my children, how can they pitt us against one another like this? I told them that I didnt live with her. I should be her witness not theirs. Help me please.

[Goldlady]

How can your statement be used against her? They are asking you to be a witness to confirm their statement as it is worthless without you backing it up. Does that mean that whatever they wrote down has somehow been misinterpreted? You can still be a witness for them and help her if for example they have twisted or misunderstood what you actually said at the time.

[Weirwolf]

They are using me because they say I contradict my g/f. She sed that I dont support her of the kids, but I said that i didnt support them but had on one occassion got some shopping for her. Not exactly supporting her but they twisted it.

They say they can find her guilty because of this contradiction even though she is innocent.

If she is found guilty I will lose my family as there is no evidence against her and that why as a last resort they are now enforcing my statement. As we also live overseas this will financially ruin us, leaves no-one to look after the children during trial and could cost me my job taking time off.

[JonCris]

Although they would like it be the case it's not them who find anyone guilty it's the court.

 

Your GF needs to see a specialist solicitor asap & if they cherry pick your statement when questioning you in court (which they will) you need to ensure you tell the court about there only being one occasion you bought shopping

[Weirwolf]

I dont understand why they would summon me for the prosecution when its obvious I wouldnt be a favourable witness for them. It doesnt make sense. I never even wanted to make a statement. I only went to see them to clear this up, but they wrote it all down, then told me to sign it. I should have read it over more carefully, as reading it now its not as I worded things. I didnt realise they would then use it as a statement in court. If id known that it was going to be used like this I would never have signed anything without legal advise. I wasnr even cautioned, taped or told why they wrote it down.

[JonCris]

Your not being prosecuted so they didn't have to warn or caution you etc

 

If the statement you made has been altered in any way you must tell your gf & assuming she's pleading not guilty & will be remanded to appear later at Crown Court she must request a true copy of the notes & statements taken at the time of yours & her interview

 

Also whatever you said in your statement don't other than to 'clarify, matters otherwise you could be prosecuted for perjury

 

Come to think of it was your statement made under oath & if so were you warned about the consequences of making a false statement??

[Weirwolf]

She is pleading not guilty and has a trial date set for magistrates.

 

I dont think I did the statement under oath. She just wrote down what I said and asked me to sign it. Its only now that I realise what I have signed. I just thought she was writing it down for her supervisors and that it would all clear the matter up..

 

Nothing was recorded and there was only one LA person in the room (this was done at the LA not the DWP).

[Weirwolf]

Can this statement be withdrawn then? or can I refuse to appear at court on any grounds? Not only that witnesses are not supposed to discuss the case and my g/f and i talk about nothing else and I have seen all her defence witness statements too. Can this be cause to have me omitted as a prosecution witness?

[Weirwolf]

It wasnt even an interview. I went on spec, I wasnt called in. I just went to try and clear the matter up as my g/f was upset by it all.

[JonCris]

She is pleading not guilty and has a trial date set for magistrates.

 

I dont think I did the statement under oath. She just wrote down what I said and asked me to sign it. Its only now that I realise what I have signed. I just thought she was writing it down for her supervisors and that it would all clear the matter up..

 

Nothing was recorded and there was only one LA person in the room (this was done at the LA not the DWP).

 

Then your statement although signed was not sworn & if it was there would be a final para stating that "this statement is true to best of my belief"

 

Magistrates are notorious for rubber stamping such cases so she MUST try & get a solicitor asap who may recommend being tried by jury which although carrying a greater risk regarding sentencing would mean she got a fairer trial.

[Weirwolf]

She has a solicitor, but he says she cannot go before crown court as the charges are not a crown issue (failure to disclose changes or summat) . If found guilty she can then appeal + take the matter to crown herself.

[Weirwolf]

Then your statement although signed was not sworn & if it was there would be a final para stating that "this statement is true to best of my belief"

 

If signed but not sworn what does that mean regarding them using the statement in court? Can i refuse or withdraw the statemet etc..?

[JonCris]

She has a solicitor, but he says she cannot go before crown court as the charges are not a crown issue (failure to disclose changes or summat) . If found guilty she can then appeal + take the matter to crown herself.

 

 

Of course she can elect to be tried in Crown Court. methinks her solicitor is more concerned that she will only be paid a derisory fixed sum by the LSC

[Weirwolf]

?? I will get her to see another solicitor asap. Can they force my statement in court? Problem we have is that we are in france + cant afford to keep going back to the UK fot this and solicitors.

[JonCris]

Then your statement although signed was not sworn & if it was there would be a final para stating that "this statement is true to best of my belief"

 

If signed but not sworn what does that mean regarding them using the statement in court? Can i refuse or withdraw the statemet etc..?

 

If you received a subpoena from the court to attend them you must otherwise you risk arrest. You can however refuse to enter the witness box or make any further statements on the grounds that the one you did make voluntarily has been altered & used to misrepresent the situation ........ you could then become a witness for the defence

[Weirwolf]

Just had a quick look at a copy of my statement and it is written on official LA sworn statement form. A quick read through and its not worded as I said it, and i signed it at the bottom.

The paragraph 'true to the best of my belief etc' is on the statement. I didnt realise this at the time. So its a sworn statement. That isnt good is it?

[Weirwolf]

Is there a time limit on summoning someone to court for this benefit issue? I have just been told they cannot issue a summons after 6mths of the offence date. Yet my g/f was summoned 11 months later!

[Esio Trot]

Is there a time limit on summoning someone to court for this benefit issue? I have just been told they cannot issue a summons after 6mths of the offence date. Yet my g/f was summoned 11 months later!

 

Not quite correct. The DWP must "lay an information" into the magistrates court within six months of the offence. This could be just sketchy details, with the substantive allegation following later. There can be a delay of some months after the information was laid before the summons was issued.

 

You need to find out when the information was laid before the magistrates.

[JonCris]

Just had a quick look at a copy of my statement and it is written on official LA sworn statement form. A quick read through and its not worded as I said it, and i signed it at the bottom.

The paragraph 'true to the best of my belief etc' is on the statement. I didnt realise this at the time. So its a sworn statement. That isnt good is it?

 

 

yes it is but if you can prove you were not cautioned or given an opportunity to read the statement BEFORE signature, when you would have noticed the statement of truth, it's invalid as a sworn statement.

 

The 6 months does not apply as provided you know of the impending action they can issue the summons at any time

[NitrousOxide]

Just like to add, that the shopping question is usually asked by most councils. If you do shopping for someone and it only has to be once you can be classed as living together.

Can I have some more details? How many times did you stay a week? Did you bath or have tea there?

It's really important and you will be asked these questions at court. Just for your info the "3 nights a week" rule is fiction.

It's all based on circumstances and whether the court agrees you were living as partners.