Being a witness in court
You will have the opportunity to visit the Court prior to the hearing to see the layout.
We will let you know the date, time and venue of the hearing once we have received it from the court.
You should dress appropriately for the court appearance.
Representatives from Magna will be at court to meet you.
If you have difficulty travelling to court, transport can be arranged.
You may be asked to attend a small meeting before the start of the hearing.
Special arrangements can be made with the court if you feel unsafe or intimidated.
The hearing
Magna will usually be called to present their case first.
The Defendant or their representative will be called next.
Witnesses, will normally remain outside court until they are called in turn.
You will be asked to stand in the witness box while you give evidence. If you are unable to stand for long periods please advise us beforehand.
You will be asked to swear an oath or make a promise and then you will be asked to confirm your name.
Your statement will be included in a file called a ‘Trial Bundle’ which is kept in the witness box with you.
You will be asked to confirm that you made the statement that you signed and the contents are true.
You will be asked to go through your witness statement by both Magna’s legal representative and the Defendant’s
Representative.
The Defendant’s representative may try to credit your evidence or prove it is incorrect.
If you do not understand the question, please ask for it to be repeated.
The Judge may at any time ask you a question.
If you need to refer to your statement, please ask the Judge before you do so.
You should normally address the Judge as Sir/Madam.
Possible outcomes
The Judge will make notes during the proceedings.
Once all evidence is given both Magna and the Defendant’s representatives will make closing statements and sum up the case.
The Judge will retire to his/her chambers to examine the evidence and make a Judgment.
In most cases the Judge will grant Magna some form of Order (see below). However, there is a possibility we may not be successful.
Possession Order - the Defendant is given a length of time for the tenant to leave the property.
Suspended Possession Order—the Defendant will be allowed to remain in the property providing they keep to a ‘set of terms’.
Demotion - the tenancy is demoted from an assured tenancy to an assured shorthold tenancy. If the tenant continues to breach the conditions of tenancy, we can serve the tenant with 2 months notice to leave the property.
Injunction—an order of the court requiring the person or persons to whom it is directed to do a particular act or stop doing a particular act.
More about how we deal with anti-social behaviour »
If you have any questions please contact the ASB team » or call 01305 216090 or 0800 358 6025.
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