Legal Witnesses
Legal Action – Witnesses
If the anti-social behaviour continues despite verbal and written warnings from us to the perpetrators, we will serve a Notice for Possession Proceedings. This is the first legal step that we take in order to take a perpetrators home from them as they have failed to stop their anti-social behaviour. We must do this by a civil legal action in the county court. It is a big step to take a person’s home from them and we must be able to convince a judge that it is reasonable to evict them.
To convince the judge that our request for eviction is reasonable in the circumstances we need witnesses, who are not housing staff to give statements and be prepared to go to court to help convince the judge that our case is right.
If you are prepared to go to court to act as a witness against anti-social behaviour we will give you our full support. We are aware that some people are frightened in case they put themselves at risk. However, in the majority of cases the only way we can deal with the problem is with your help in being a witness. In doing this you will be helping yourself.
When you have agreed to be a witness you will have the names of officers from our Community Safety Team who will be available to deal with the case. They will advise and support you when this is required. When necessary they will visit you in your own home or at our Area Housing Office.
In cases where the Police may be involved we are able to obtain certain information under the Crime and Disorder Act 1998 from the Police. This information can be used in court to help you and us.
The thought of going to court worries some people and this alone may make them reluctant to be witnesses. You don’t need to be worried. A member of the Community Safety Team will be with you to offer support throughout the court process. We also explain what happens in court so you are aware of what to expect.
The courts take a very serious view if witnesses are threatened or harassed. If necessary we will apply for an injunction to stop this sort of behaviour towards our witnesses. It is a criminal offence to breach an injunction relating to anti-social behaviour and the perpetrators may well be arrested and held by the Police until they appear in front of a Judge.
In the most serious cases, we may need to move you. Examples of more serious cases include
- racial abuse
- domestic violence
- when witnesses or victims may be in fear of damage to their property or themselves
We must be sure the threat is real and would require evidence to support this.
More Community Safety information
- What to do if you are suffering from anti-social behaviour
- What is mediation and what do the Maidstone Mediation Service do?
- What to expect if you contact the Community Safety team
- Recording incidents and keeping an incident diary
- Legal action and being a witness
- Other remedies to tackle anti-social behaviour
View our Community Safety leaflet
date published: 24/01/2007