If the ASB Case Manager, in consultation with Torbay Council’s Legal Services, decides that it is necessary to take enforcement action through the Court, Torbay Council will be named as the Complainant and you will be the Council’s witness.
The person, who Torbay Council is making the complaint against, is known as the perpetrator(s). They are called the “defendant(s)” in Court.
If you are asked to go to Court the ASB Case Manager will advise you of when this will be and in which Court.
Which court?
ASB cases are civil cases and can be heard in a County Court. However, most cases will actually be heard in a Criminal Court, such as a Magistrate’s Court.
On some occasions the only Court available to hear the case, maybe in another area, for example Newton Abbot or Totnes.
Preparing for court
The ASB Case Manager will ask you to advise the ASB Team of any dates you will be unavailable and the ASB Case Manager will then liaise with Torbay Council’s ASB Legal Representative to try and avoid such dates.
If you would like the ASB Case Manager to do so, the ASB Case Manager can liaise with your employers on your behalf, to explain why you require time off work to attend court.
Where possible the ASB Case Manager will give you advance notice of the hearing date and any changes to it and will try to ensure that you only attend Court when you are needed to give evidence.
The ASB Case Manager will provide you with information about the Court and discuss any concerns with you.
If you have never been to Court before, the ASB Case Manager could arrange for you to visit a Court building, prior to the hearing to familiarise yourself with the Court set up.
The ASB Case Manager will attend Court with you and make arrangements for you to wait in an area away from the Perpetrator. You will not be left alone and Torbay Council’s ASB Legal Representative will be on hand to tell you what to do and expect.
The ASB Team will make arrangements at Court, if you have any language or communication needs. The ASB Team will also ask court staff to provide for any disability or medical condition that you may have.
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