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employer or employee is claiming that the loss of the accused's
licence would also be potentially devastating for them but is not
prepared to appear as a witness. Similarly, if a person is claiming
that the family home would be at risk, thus affecting his or her
family, the court may be more easily persuaded if that person's
spouse or partner appears in court to give evidence.
There are, of course, valid reasons why potential witnesses may
not be able to appear, such as ill-health. In such circumstances,
there are other ways in which the evidence can be put before the
court. Whenever possible, however, affected parties should appear
as witnesses. A good solicitor will help you understand court
procedure and prepare you for what to expect.
Signed Affidavits
An affidavit is a written, sworn statement of fact or facts, made
voluntarily by a person under oath to an authorised person such as
a notary public.
For the purposes of
a n e x c e p t i o n a l
h a r d s h i p p r o o f ,
affidavits will be used
when a person who
would ideally be a
witness cannot attend
court for practical or
m e d i c a l r e a s o n s.