Witness Statement
Discussion
In brief a witness statement is an account - written or on video - of what a person saw/heard in relation to an incident.
This is what they will say in court should it get that far.
It sounds as though you are being investigated for an alleged crime, which would make you the defendant.
Your post is unclear but I think when you say 'defendant' you actually mean complainant i.e the person who has made the allegation against you to the Police.
They will also have made a statement detailing their complaint against you.
Based on all the statements, other evidence such as CCTV, forensics & any interviews of you by the Police - likely under caution - a decision will be made whether there are sufficient grounds for proceedings to be commenced against you or not.
This is what they will say in court should it get that far.
It sounds as though you are being investigated for an alleged crime, which would make you the defendant.
Your post is unclear but I think when you say 'defendant' you actually mean complainant i.e the person who has made the allegation against you to the Police.
They will also have made a statement detailing their complaint against you.
Based on all the statements, other evidence such as CCTV, forensics & any interviews of you by the Police - likely under caution - a decision will be made whether there are sufficient grounds for proceedings to be commenced against you or not.
Edited by paintman on Friday 21st April 00:57
FredericRobinson said:
Nibbles_bits said:
7 statements isn't one word against the other.
The police wouldn't have taken 6 witness statements unless they added some evidence to the case.
How would they know until they’ve taken the statement?The police wouldn't have taken 6 witness statements unless they added some evidence to the case.
Without knowing the facts of the case, ultimately a witness statement is evidence but if the matter goes to court then unless the defence (OP and his legal team) agree the content of the statement then the witness would have to come to court to give their evidence in person (Unless special circumstances apply such as vulnerable witness).
Ultimately the evidence of those people would be that the complainant told them an account, they haven't witnessed anything directly, it is evidence but the weight of the evidence would be judged at court and a decent Solicitor or Barrister would emphasise that.
Ultimately the evidence of those people would be that the complainant told them an account, they haven't witnessed anything directly, it is evidence but the weight of the evidence would be judged at court and a decent Solicitor or Barrister would emphasise that.
fiesta1066 said:
Does a witness statement count as evidence? I have been accusesd of a crime and the police have 7 witness statements against me, the defendant has told 6 witnesss's the same story and they have only repeated what they have said. Do all 6 statements + the 1 from plaintiff count?
Sorry if this is vague.
So is the 6 witnessssss's evidence hearsay?Sorry if this is vague.
Of course, sorry I just saw police in the OP on a re read.
It seems a really odd situation. Your OP reads as though you've not yet been interviewed about this otherwise you'd have had access to free legal advice who would have explained all of this to you and at the very least challenged the hearsay evidence during interview. But I also can't see any reason the police would ever tell a suspect how many people have given statements against them before interview and less still who those people are so you could potentially go around them all trying to intimidate them before the evidence is revealed and reasonable conditions imposed to protect them and you.
It seems a really odd situation. Your OP reads as though you've not yet been interviewed about this otherwise you'd have had access to free legal advice who would have explained all of this to you and at the very least challenged the hearsay evidence during interview. But I also can't see any reason the police would ever tell a suspect how many people have given statements against them before interview and less still who those people are so you could potentially go around them all trying to intimidate them before the evidence is revealed and reasonable conditions imposed to protect them and you.
Hearsay may or may not be admissible.
It's a complicated issue & there is a lot on the CPS website.
www.cps.gov.uk/legal-guidance/hearsay
The first part 'Headlines' will give you the basics.
It's a complicated issue & there is a lot on the CPS website.
www.cps.gov.uk/legal-guidance/hearsay
The first part 'Headlines' will give you the basics.
fiesta1066 said:
sebdangerfield said:
Of course, sorry I just saw police in the OP on a re read.
It seems a really odd situation. Your OP reads as though you've not yet been interviewed about this otherwise you'd have had access to free legal advice who would have explained all of this to you and at the very least challenged the hearsay evidence during interview. But I also can't see any reason the police would ever tell a suspect how many people have given statements against them before interview and less still who those people are so you could potentially go around them all trying to intimidate them before the evidence is revealed and reasonable conditions imposed to protect them and you.
I have been Interviewed and only know about the 6 statements as the family all chat and it's open knowledge. Thanks.It seems a really odd situation. Your OP reads as though you've not yet been interviewed about this otherwise you'd have had access to free legal advice who would have explained all of this to you and at the very least challenged the hearsay evidence during interview. But I also can't see any reason the police would ever tell a suspect how many people have given statements against them before interview and less still who those people are so you could potentially go around them all trying to intimidate them before the evidence is revealed and reasonable conditions imposed to protect them and you.
Trying to offer advice in the form of pragmatism here so I genuinely don't mean to offend but if you're being investigated for a criminal matter you're entitled to free legal advice who will know all of the circumstances of your case. You're asking untrained people on the internet for advice on a complex situation you're understandably not giving all of the information on.
I really think you'd be better speaking to your legal rep for their advice on this or if you didn't have one, get one and discuss the case with them in plenty of time before your next return to the police station.
fiesta1066 said:
Yes an alleged physical assault that has meant to have happened 12 years ago.
Person accusing me of this told witnesses (6) 12 years ago. It was discussed by all of usinc myself and was deemed that it was nothing and plaintiff was overeating.
One question I’d ask, are they taking the angle Person accusing me of this told witnesses (6) 12 years ago. It was discussed by all of usinc myself and was deemed that it was nothing and plaintiff was overeating.
Edited by fiesta1066 on Friday 21st April 09:47
You discussed 12 years ago with these 6 persons that something happened but at the time you all agreed the person complaining was over reacting?
Using words like plaintiff confuses the matter as it tends to be an old term related to civil cases.
In a criminal case I'd use complainant and suspect
Witness statements from other people who were not there could still be used
Say Ken hit Jill with a stick and caused bleeding. Jill then ran to Sam's house to get medical assistance. Sam could provide a statement saying on 1 January 2022 at 10pm, Jill came running to my house and said Ken hit her with a stick.
Sam's statement could still be used - not as proof per se that what Jill was was true - but the fact she came over with a bleeding head and also other actions taken by Sam in that belief.
Quite a few historical sex offences have been done by this method.
In a criminal case I'd use complainant and suspect
Witness statements from other people who were not there could still be used
Say Ken hit Jill with a stick and caused bleeding. Jill then ran to Sam's house to get medical assistance. Sam could provide a statement saying on 1 January 2022 at 10pm, Jill came running to my house and said Ken hit her with a stick.
Sam's statement could still be used - not as proof per se that what Jill was was true - but the fact she came over with a bleeding head and also other actions taken by Sam in that belief.
Quite a few historical sex offences have been done by this method.
Mojooo said:
Using words like plaintiff confuses the matter as it tends to be an old term related to civil cases.
In a criminal case I'd use complainant and suspect
Witness statements from other people who were not there could still be used
Say Ken hit Jill with a stick and caused bleeding. Jill then ran to Sam's house to get medical assistance. Sam could provide a statement saying on 1 January 2022 at 10pm, Jill came running to my house and said Ken hit her with a stick.
Sam's statement could still be used - not as proof per se that what Jill was was true - but the fact she came over with a bleeding head and also other actions taken by Sam in that belief.
Quite a few historical sex offences have been done by this method.
Fair point but the OP is clearly stating his belief that all of the other six witness statements have been coached by the original complainant.In a criminal case I'd use complainant and suspect
Witness statements from other people who were not there could still be used
Say Ken hit Jill with a stick and caused bleeding. Jill then ran to Sam's house to get medical assistance. Sam could provide a statement saying on 1 January 2022 at 10pm, Jill came running to my house and said Ken hit her with a stick.
Sam's statement could still be used - not as proof per se that what Jill was was true - but the fact she came over with a bleeding head and also other actions taken by Sam in that belief.
Quite a few historical sex offences have been done by this method.
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