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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:

  1. 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).

  2. 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.

  3. 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:

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.

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.

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.

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.

Take time to answer any questions put to you by the police.

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:

You can ask to be referred to as Mr/Mrs/Miss/Ms and ur Surname.

The police should be referred to as PC/WPC/DC/DI/... Their Surname.

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:

You are assisting the police.
You have not committed a crime and are not under arrest.
You may leave at any time.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

 

For more information please email information@affect.org.uk.