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Legal matters

Advice on making statement to police

5 replies

Shambu · 21/05/2018 12:52

If I make a statement to police, can I then be called to tesify if a court case ensues. (I am not the victim exactly.)

If I don't make a statement, I can't be called?

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matchingpjs · 22/05/2018 09:59

Yes you can be called to testify as the defendant has a right to defend themselves.

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LongTermPerm · 22/05/2018 10:25

Are you in England/Wales and is this a criminal case?

If yes to both, the short answer to your question is you won't definitely be called to give evidence if you provide a statement, but you must be prepared/ willing to give evidence because it's not you who decides whether you give evidence or not once the statement has been taken, and if you refuse then you can be summonsed to court.

If you would like any more details on the circs in which you would or wouldn't be called to give evidence then please ask and happy to elaborate.

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prh47bridge · 22/05/2018 11:05

If you make a statement and the prosecution wishes to use your evidence as a significant part of their case you are likely to be called to testify.

If you do not make a statement the prosecution won't call you but the defence might if they think your evidence will help the defendant.

There are things that can be done to help if you have misgivings about appearing in court. For example, it may be possible for you to sit behind a screen so that the defendant can't see you.

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Shambu · 22/05/2018 11:36

Thanks this is all very helpful.

My evidence would not help the defence, quite the opposite!

I would love some more details, could I PM you LongTermPerm?
I don't want to give any info on here.

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mustbemad17 · 22/05/2018 11:44

Yeah they can call you. Even if you later withdraw your statement they can still call you on either side to court. Waiting on this process myself, yay

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