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    I'm not an expert on this (my father is a judge but in civil law...), I'm sure others will know better but I will try to answer anyway.
    (Original post by Username1)
    Thank you very much for answering my questions. I've got some more, if you wouldn't mind looking at them, but please don't feel you have to and if anybody else wouldn't mind answering them then, I'd be grateful.
    - If B's name is released will mine and C's be too?
    - When you say 'give permission to demonise B', do you just mean by releasing his name?
    - I understand that there's no set criteria and it's all dependant on context and so on, but in your opinion, what would be found 'gruesome' enough to merit B being named?
    Try this site, it may answer many of your questions and may also have links for free legal advice and witness support

    Yes, the way I understand it is that if the defendant is under 16, the judge has to give permission to release his or her name. I don't know how that is decided but I think a judge would not usually do this unless it is in the public interest or of "moral" interest.

    I only vaguely remember one report I read in the press where the defendant was under 16 and named. I think it was London; the case where one teenager was lured by his crush into a trap to be stabbed or shot by her boyfriend. I may misremember though.

    I also have another question, but it's not about media attention. It's just, I don't think I'm going to be able to not cry while being asked about A and B: is it common for witnesses to cry? Will the judge be annoyed, or the lawyers or the jury, if I can't talk for a bit, will it mean everything is delayed?
    Judges are very familiar with the human situation in all its depths... they witness it every day. If you cannot help it it's ok, you will not be the first. The judge will probably be kind but tell you to compose yourself, and generally be firm to impress upon you the seriousness of the situation and the importance of your testimony.
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    (Original post by hypocriticaljap)
    LOL at the whole thread!
    You obviously weren't present at the killing so how can you be a 'witness', other than to provide hearsay character evidence?
    Don't be stupid. She could have been witness to a previous argument between A and B, or witness to B getting stoned or whatever. She doesn't need to have been an eye-witness of the murder to be called as a witness.

    It hardly matters for the thread, anyway.
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    i can't believe people are taking this seriously, this could be a troll.
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    Your name wont be released, and generally the defendants name is only released if and when they are found guilty.

    All you can do is tell the truth of what you saw/heard, its then up to the jury to decide what happened. If your friend does go down for it though you'll have to accept there is nothing you can do about it. That will be hard considering hes a friend and you cant believe he did it, but the prosecution will have to provide some reasonably strong evidence to pursuade 12 men, true and good, or whatever they are.
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    (Original post by iamnotarobot)
    (A friend of mine on TSR tried to post this earlier and it didn't work, so she asked me to try and post it for her. It's her thread title and her words.)

    (Anonymous or please please don't post it.)

    I already wrote this once but it doesn't seem to have worked so I'm going to try again. I don't know how to say what I want to say and I don't want to stop and work out a way to, so I'm just going to spit it out.

    I have a group of very close friends. Last year my friend, A, was murdered. It got a bit of media attention but not much. Then one of my two best friends, B, was arrested for it. I don't believe he did it, A and B were tight as anything. My other best friend, C, has been called as a witness for the prosecution and I've been called as a witness for the defence, and it's a mess and I have no one to speak to. C genuinely believes B is guilty, and I find it almost impossible to speak to him any more, knowing he could believe that of B. My parents never mention A, or B, or the trial (which starts soon), because I'm a nice middle-class girl and nothing like this should have happened in my life. I think they sort of disapprove of me for it. I'm at a girls' school and people either don't know it happened or take the piss.

    I don't know what I want to ask or what I want anyone to say or anything at all. I'm just so scared. I'm still scared for A, because I have nightmares about him being killed, and about me being killed, and I can't stop thinking about it, and I'm still shaking a year later typing this, thinking about how someone killed this friend of mine who was just the kindest and nicest person I ever knew, nicer than B or C, and it terrifies me that it happened to him. It makes me feel ill. And I'm afraid for B because I visited him in the remand centre and I'm afraid my friend is going to have the rest of his life taken away from him because the jury doesn't understand he didn't do a thing. And I'm afraid of the media, because I'm afraid that it'll be a sensational trial (because we're all 15 or under), and that they'll release B's name and even if they don't these people who never knew A or B will go raking through their lives and judging them and talking knowledgeably about their friendship and home lives, which are none of their business.

    I don't know what I want to say. I don't know what I expect from this. Do you know any way to stop the media...? That won't happen; do you know any way I can help B, or if I'll be allowed to call C up while the trial's on, or how likely it is this'll be a very public trial? And I don't know if it's the same when a close friend dies naturally, but every time I think of A I think of him dying and I cry and feel ill because it's horrible and words can't even describe how it feels to know it happened; and then I feel so selfish, because I'm still alive, and I'm not facing jail, which makes it worse because I hate myself for daring to be so selfish. Can this be helped? I'm not even sure I want it to be, because it feels so disrespectful, but I'm a mess, I'm a guilty terrified mess, and I don't see how I can testify in this state.

    Thank you for reading. And even if you didn't I've at least told somebody. That's all. Thank you.

    i am so sorry...u seem very confused...u need to seek a psychologist.....u r too young to be goin thru this.. i am so sorry,............i will remember u in my prayers,...and i really mean this
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    (Original post by You-Rock-My-World)
    i can't believe people are taking this seriously, this could be a troll.
    I can't believe you are taking life seriously, we could be living in the matrix...
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    (Original post by llys)
    Yes, the way I understand it is that if the defendant is under 16, the judge has to give permission to release his or her name. I don't know how that is decided but I think a judge would not usually do this unless it is in the public interest or of "moral" interest.

    I only vaguely remember one report I read in the press where the defendant was under 16 and named. I think it was London; the case where one teenager was lured by his crush into a trap to be stabbed or shot by her boyfriend. I may misremember though.
    No, you're right (I've become very alert to cases when people under 16 are named). There was the 'honeytrap' girl you said, and the two girls who bullied the vicar's daughter till she jumped out the window, and often when the killing is linked to gangs the defendants are named...

    Do you have any idea how the judge goes about deciding whether or not releasing a name would be in the public interest? It seems so arbitrary.
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    (Original post by Username1)
    No, you're right (I've become very alert to cases when people under 16 are named). There was the 'honeytrap' girl you said, and the two girls who bullied the vicar's daughter till she jumped out the window, and often when the killing is linked to gangs the defendants are named...

    Do you have any idea how the judge goes about deciding whether or not releasing a name would be in the public interest? It seems so arbitrary.
    It probably is (arbitrary), and I don't know if "public interest" is even an official reason. In any case, like someone above said, it will only happen if he is found guilty, and even then not always.
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    How are you a witness?

    Did you see the murder take place? Or did you just happen to be in the same location?
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    (Original post by Lust of a Gardener)
    How are you a witness?
    (Original post by hypocriticaljap)
    how can you be a 'witness'?
    (Original post by llys)
    Don't be stupid. She could have been witness to a previous argument between A and B, or witness to B getting stoned or whatever. She doesn't need to have been an eye-witness of the murder to be called as a witness.
    Like Ilys said. Me and C spent the day of the murder with both of them. (And if I had actually seen B kill A then I would not be a very good defence witness and also in extreme denial.)

    (Original post by int_applicant)
    u r too young to be goin thru this.. i am so sorry,............i will remember u in my prayers,...and i really mean this
    I don't go to church any more because everyone there is as disapproving about it as my parents, so that means a lot to me: thank you.
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    become a structural engineer. then use your resources to get the schematic diagram of the prison B is held in. after this, get it tattoo'd to your body in a clever disguise and break him out.
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    (Original post by Username1)
    Thank you very much for answering my questions. I've got some more, if you wouldn't mind looking at them, but please don't feel you have to and if anybody else wouldn't mind answering them then, I'd be grateful.
    - If B's name is released will mine and C's be too?
    - When you say 'give permission to demonise B', do you just mean by releasing his name?
    - I understand that there's no set criteria and it's all dependant on context and so on, but in your opinion, what would be found 'gruesome' enough to merit B being named?
    From what I learned while learning what can and can't be reported in a trial (although the exact details are a bit hazy), if a child or young person is tried in an adult court (which I assume B will be rather than being tried in a youth court because of the seriousness of the case) then the protection of a child's identity does not count. That means that, unless the judge specifically makes an order (section 34 order I think) to hide B's identity, then any details about B can be disclosed. However, there are only specific instances when this order can be made.

    As for you and C, a protection order can be placed upon you which means that you won't be identified. Again, the judge would have to make this order.

    Feel free to PM me if you want and I will dig out my old notes and give you more specific information if you need it.
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    (Original post by idunnowhattoputhere)
    become a structural engineer. then use your resources to get the schematic diagram of the prison B is held in. after this, get it tattoo'd to your body in a clever disguise and break him out.
    Alternatively you can get mr C ,A & B together , call them a 'CAB' and that way they can all runaway.
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    To all the people asking why OP is being called as a witness, if someone knows the defendant then they can be called as a character witness. This is quite normal.

    To OP, firstly I would like to offer my sympathy, and secondly I would like to note that they never release the names of witnesses to the press, as this would put other witnesses in other trials off from coming forward. If you feel that you are in danger of retaliation due to giving evidence, then you can request that you give evidence from behind a screen, via video link etc. - the courts are very good at protecting people.

    I think judges only tend to release the names of convicted under 16s in cases where there was some form of torture (e.g. James Bulger) or there was a long (and possibly somewhat sadistic) lead-up to the case (e.g. the murdered vicar's daughter). Anyway, they don't tend to do it willy-nilly, and if you want to know then the best people to ask will be the defence lawyers, who you must be in contact with. The defence lawyers have a vested interest in keeping you sweet, and will be happy to answer your questions.
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    What a sad world we live in, kids killing each other. I don't really have much to add, OP other than my sincere condolences; I hope you hold it together in trial.
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    (Original post by Username1)
    (I'm the girl who wrote the post; I'm hijacking this anonymous account to reply.)

    I have a friend at school who doesn't openly mock me for my involvement with the case, but when it first happened she would try and have 'discussions' with me about it; by which she meant saying 'but B's been charged. The police think he's guilty. Why don't you?' over and over again. She never met A and she's never met B and I've heard all these questions before, so many times. B didn't do it, and I know he didn't do it because he told me he didn't do it and I believe him. That's all. You can go ahead and mock but I've been mocked so much I'm getting quite numb to everything that isn't nightmares and guilt.
    OP, I'm sorry for your loss :hugs:

    I'm thinking there must be some evidence to prove that B did it, otherwise why is he being prosecuted? And why has C suddenly turned on B - did they see it or something :confused:
    If you truly believe B didn't do it, then good on you for being a loyal friend and supporting him through this difficult time.
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    (Original post by pheebs101)
    this genuinely moved me.
    I feel the same. I feel sorry for you and your situation and the lack of understanding you're getting from everyone.

    Maybe you should consider finding someone to talk to like a councillor, or maybe ringing childline, as they could help you... come to terms with the situation?

    I'm definitely not religious but I pray (to just, anyone who's up there) that you are never given more than you can cope with.
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    No one will be named if you are under 18, it is illegal to identify minors involved in a trial unless they are found guilty and even then only at the discretion of the judge.
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    Why are you so convinced B couldn't have done it? You sound a bit naive. Murderers don't have sneaky walks and creepy eyes you know. You should tell the truth, but calling C up and trying to change his mind is just idiotic especially if he actually has evidence.
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    (Original post by pheebs101)
    this genuinely moved me. you have so much compassion. please please don't worry, i promise it'll be over soon, i know you know that but you need to hear it too. it WILL be behind you one day, even if it feels like everythings permanent. you're so young as well, but you speak with such maturity and emotion. The awful thing is, that not only are you dealing with the death of one of your best friends, but you also have to know he was murdered, and worst of all face the repercussions of that. stay strong, and tell the truth throughout. You aren't involved in a bad way, you have nothing to feel guilty about because you have NOT done anything wrong. I promise you it'll be ok.
    This. I don't know what else to say except I'm sorry for your loss OP and I hope the jury come to the right decision and you and your friends are able to move on with your lives whichever the decision. :hugs:
 
 
 
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