Retracting a police statement
Discussion
A friend ended up making an allegation about her partner that she was never overly happy about in January and today tried to retract it as she wanted to give it another go. It’s not linked to violence but beyond that I don’t know all the details. However when she’s gone to retract it they wouldn’t let her which is causing her distress. Is this normal?
charltjr said:
Yes.
The police have a duty of care, and it's relatively common that people are threatened, emotionally blackmailed or otherwise coerced into retracting statements. If they didn't continue to investigate they would rightly be crucified for not following up on cases.
I understand that - but she feels like she’s being forced into it despite re kindling the relationship 6 weeks ago. I’m only asking as I find it intriguing. The police have a duty of care, and it's relatively common that people are threatened, emotionally blackmailed or otherwise coerced into retracting statements. If they didn't continue to investigate they would rightly be crucified for not following up on cases.
If they have made a statement / reported an issue then it will be a criminal issue - ie something serious.
The complainant /victim doesnt have to "press charges" or "not press charges" thats not within their rights to do despite what is seen on TV - that is down to the police and then the CPS.
It may make a charge harder to prove/effect the decision to charge if the witness/victim does not want to assist but certainly does not automatically stop a charge. (as Bigends and charltjr have said)
What was the criminal accusation made in the statement?
The complainant /victim doesnt have to "press charges" or "not press charges" thats not within their rights to do despite what is seen on TV - that is down to the police and then the CPS.
It may make a charge harder to prove/effect the decision to charge if the witness/victim does not want to assist but certainly does not automatically stop a charge. (as Bigends and charltjr have said)
What was the criminal accusation made in the statement?
Edited by superlightr on Wednesday 6th April 16:36
NMNeil said:
We would never allow retractions for any domestic violence complaint.
Many times the partner, often female, would make a complaint that she was being abused, then try and retract it when she realized that her only source of income might go to jail.
I don't think that money will be the motive much of the time. All too often women still end up back in abusive relationships and carry on excusing and defending the abuse they suffer. Many times the partner, often female, would make a complaint that she was being abused, then try and retract it when she realized that her only source of income might go to jail.
NMNeil said:
We would never allow retractions for any domestic violence complaint.
Many times the partner, often female, would make a complaint that she was being abused, then try and retract it when she realized that her only source of income might go to jail.
Irrelevant what happens/happened in New Mexico, unless the OP’s fiend also happens to live there and it’s where the original complaint was from. Many times the partner, often female, would make a complaint that she was being abused, then try and retract it when she realized that her only source of income might go to jail.
Sounds like it's some sort of domestic abuse allegation?
Victims can submit a retraction statement however their original statement will still stand and the police/CPS will still look to go a head with a prosecution without the victims support.
Especially in instances were there will be safeguarding concerns or the implication that the victim has been pressured into giving a retraction.
The likelihood is of they retract despite best efforts CPS will usually look to discontinue unless there is other corroborating evidence.
Victims can submit a retraction statement however their original statement will still stand and the police/CPS will still look to go a head with a prosecution without the victims support.
Especially in instances were there will be safeguarding concerns or the implication that the victim has been pressured into giving a retraction.
The likelihood is of they retract despite best efforts CPS will usually look to discontinue unless there is other corroborating evidence.
Tom1312 said:
Sounds like it's some sort of domestic abuse allegation?
Victims can submit a retraction statement however their original statement will still stand and the police/CPS will still look to go a head with a prosecution without the victims support.
Especially in instances were there will be safeguarding concerns or the implication that the victim has been pressured into giving a retraction.
The likelihood is of they retract despite best efforts CPS will usually look to discontinue unless there is other corroborating evidence.
Exactly - Police cant merely refuse to take her retraction.Victims can submit a retraction statement however their original statement will still stand and the police/CPS will still look to go a head with a prosecution without the victims support.
Especially in instances were there will be safeguarding concerns or the implication that the victim has been pressured into giving a retraction.
The likelihood is of they retract despite best efforts CPS will usually look to discontinue unless there is other corroborating evidence.
Other non domestic jobs, they cant take retractions quickly enough
Edited by Bigends on Wednesday 6th April 17:35
My partner had this with her ex a good few years ago. (genuinely, not related to my recent post in here ha!)
She had reported him for assault, given statement etc, he’d been arrested and was awaiting court…couple of months down the line she decided she didn’t want to press charges, even though they remained separated and with no influence from him to try and drop charges.
It’s down to the CPS ultimately afaik, if they have decided they want to pursue it it doesn’t matter what the victim says or does. In particular, domestic issues, even if nothing physical or violent involved, are treated particularly seriously.
She had reported him for assault, given statement etc, he’d been arrested and was awaiting court…couple of months down the line she decided she didn’t want to press charges, even though they remained separated and with no influence from him to try and drop charges.
It’s down to the CPS ultimately afaik, if they have decided they want to pursue it it doesn’t matter what the victim says or does. In particular, domestic issues, even if nothing physical or violent involved, are treated particularly seriously.
Gaines178 said:
I’ve finally actually asked - she saw on his phone a photo of her naked which she hadn’t approved, but acknowledges they’ve taken a lot of them previously that she did know about. Kinda surprised tbh.
No doubt the police will want to closely examine the evidence in this caseDriver101 said:
I don't think that money will be the motive much of the time. All too often women still end up back in abusive relationships and carry on excusing and defending the abuse they suffer.
I'm just relating it from personal experience as a former police officer. But to be more accurate it was either the supply of money, drugs or both, which the victim stood to lose if the partner went to jail.Curledge said:
It either happened or it didn't so why is she retracting statement.
If she made it up she has been wasting police time and potentially perverting the course of justice.
You cant just retract a statement without consequences
Of course you can - by still confirming the original report but stating you no longer wish to pursue the matter in court.If she made it up she has been wasting police time and potentially perverting the course of justice.
You cant just retract a statement without consequences
Then wait and see what happens
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