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Making a Statement to the Police
Before making a statement:
Giving a statement is important as it forms part of the evidence the police
are collecting. It may be used in a number of ways:
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The police
will use it to help decide if a crime has been committed.
If they believe a
crime has been committed, they will pass all the evidence to the Crown
Prosecution Service (CPS).
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The CPS will
use it to help decide if a conviction is likely.
If they decide on the
evidence that a conviction is likely, they will start court proceedings.
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The
statement may then form part of the evidence presented to the court by the defence
&/or the prosecution and you may even be called as a witness by the
prosecution &/or the defence.
Remember that:
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The police
are not your enemy.
The police are collecting evidence of a possible crime.
It serves no purpose to be obstructive. The police are doing an important
and difficult job, there is no need for ill feeling. |
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Make a
statement only when you are ready.
A statement is a legal document. It
should not be given until you are clear in your mind what you wish to say
and are calm. |
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Do not get
into "off the record" conversation.
Casually chatting with the
police in the car on the way to the police station may be used as evidence
in court. |
 | Ask what
crime is being investigated.
Establish what crime is being investigated.
"Helping
with enquiries";
Or
"For the purposes of elimination";
are
only half answers.
The police do not have to tell you which one. |
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Giving a
statement can stop all contact with the accused.
If the prosecution wishes
to call you in court to question you about your statement, all contact with
the accused may be stopped until after the trial.
If you are in any doubt
about any of the information that could go in a statement, seek legal advice
before giving the statement. |
Nowadays the police have all the facilities available to double tape record
any interview. By attending the Police Station you are within your rights to
request your statement is taped as well as written. One tape is sealed and one
is yours.

During the interview:
Making a statement to the police can be frightening, particularly if a loved
one has just been arrested.
But remember, it is not a record of a conversation; it is a
declaration of what you know.
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Take time to
answer any questions put to you by the police. |
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Take care
getting your wording right. |
Making a statement is a formal event, it is not a meeting of friends to
gossip.
To remind you that it is a formal setting, it is a good idea not to use first
names:
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You can ask
to be referred to as Mr/Mrs/Miss/Ms and ur Surname. |
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The police
should be referred to as PC/WPC/DC/DI/... Their Surname. |
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It can also
be a good idea to write down each persons name and rank, also place and time
of meeting. |
It is important
to remember that:
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You are
assisting the police.
You have not committed a crime and are not under
arrest.
You may leave at any time. |
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Have another
person present (preferably a solicitor).
They can help make sure that:
That
you have not felt bullied, forced, cajoled or in any way made to say what
you did not mean to say & you don't feel words have been put in your
mouth.
They are also a witness to what you have said and how the police
treated you.
If you are in unhappy about anything in the statement, DO NOT
SIGN IT. |
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Be polite
and respectful at all times.
You have the right to be treated politely and
respectfully by the police. They should be treated in the same way. |
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Remain calm
and composed at all times.
If you find you are becoming angry, offended or
in any way emotional, take some time to calm down:
* Ask for a glass of
water
* Ask for a moment to compose yourself
* Ask for a complete break in
making the statement. |
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If you
become too distressed to continue with your statement and asking for a
break does not help, a complete break can be asked for.
However, this should not be done lightly! And it must be recorded in the
statement that you have asked for this and why you are unable to continue. |
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Think before
you speak.
Do consider each question carefully before answering.
Do weigh up
your answers to ensue that they are what you wish to say.
Don't be
frightened or intimidated.
Don't have words put in your mouth. |
Do keep a
simple record of all contact with the Police (Diary notes,) rank, number,
name, time, content of meeting and outcome. This is often a most stressful
experience and memory recall is often very vague.

Signing the statement:
Only sign the statement when you have checked it carefully.
Signing it means
you are happy that the content is a fair and accurate record of your knowledge
of what is being investigated.
Most importantly:
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Read the whole of the
statement yourself (or get your solicitor to read it to you).
* No statement
should be signed blindly.
Reading the statement yourself allows you the time to
check the statement is accurate and to speculate what another reader might make
of it.
* The handwriting must also be clear. Reading the statement yourself will
allow you to check that others will be able to read it and the words will not be
misread.
If you are not happy with the statement, DO NOT SIGN IT. |
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It is your
statement - it should be in your words.
You must be completely happy with it. It
should be as full and as complete as you know how. Take your time to check it
thoroughly.
Remember: it is a legal document and may one day be used in court.
If you're not happy the statement correctly tells your story, DO NOT SIGN
IT. |
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No Changes.
After signing a statement it cannot be changed. If they are
additions, subtractions and/or modifications to be made, a completely new
statement must be made. This can be unwise, as changes made after signing, may
be treated as suspect. Though this is not always the case. |
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Before signing the
statement, if you believe that:
* Something is missing - ask for it to be added.
* Something should not be there - ask for it to be removed.
* Something is not
correct - ask for it to be changed.
If you are still not happy with the
statement, DO NOT SIGN IT. |
When you are happy with the contents of the
statement sign it at the bottom of EVERY page. On the last page sign immediately
below the last line of your statement; this is very important; it ensures that
nothing can be added. This safeguards both yourself and the police.
"Taking Statements" by Stewart Calligan, Police Training Director, and
Consultant on Police Matters, has been used for reference and guidance in the
compilation of this document.
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Printable version [Acrobat
Reader]
Updated 15th March 2005; please
inform us of any errors.
This information may be used free-of-charge; nevertheless, donations
are appreciated.
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