Obliged to give a written statement

MrBrightside

MrBrightside

MrBrightside

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Joined
25 Apr 2007
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74
Hello OCUK am after some advice here!

A couple of months ago an alleged assault took place a few doors up the road from me. I heard some shouting and swearing so I looked out the window and saw a woman arguing with my neighbour. After after 8-10 seconds of being nosey I lost interest and went into a different room.

A policeman came round later that night after the assault allegedly happened asking questions. I told him that I heard raised voices and swearing but didn't hear any threats or see any violence. He took note of that and went on his merry way saying that because I had heard such a small part I probably wouldn't be contacted again.

A couple of weeks later a police statement taker rings saying he wants to take a written statement. I say that I don't want to get involved and decline to give one (right or wrong I don't want to get involved as he is my neighbour and people take sides and it starts to get ugly).

After declining to give a written statement there I have now received a solicitors letter who are acting on behalf of the defendant (the neighbour) who state that they have a copy of the policemans notebook and know that I didn't hear threats or see any violence and only saw a very brief section of what happened but want me to make a written statement to determine what I did see (I don't know why the defence wants to get a statement saying that I heard their client yelling at the victim but oh well).

My question is am I legally obliged to give a written statement (I know I should be morally obliged but that isn't the question) or can I say that I don't want to get involved and that will be that. Whilst the police accepted me saying no will the solicitors be such a pushover or will they push for me to do it?
 
Nope you don't have to provide a statement, however if it's deemed that the evidence you may provide is crucial the the investigation you could receive a summons to court.
 
I'm not sure if it could be classed as withholding evidence... even so, just tell them what you told us. Nothing bad is going to happen to you because of it.
 
He has not withheld evidence he has provided the police with his version of events, they just wish to record it formally via a statement.
 
Well the fact is that I only heard some swearing and shouting (no that unusual where I live!) and didn't see anything else. Just a bit confused as to why the defense wants a statement to be honest but meh. Whilst the police might have accepted me saying no I didn't want to tell the solictors no and then they start quoting all these laws at me!
 
You don't know the full in's and out's of the investigation, they may use you statement to say that's all that happened, when in fact a whole lot more did, you may also be the only independent witness.
 
Orange Peel said:
I'd give a statement saying that you can't recall what happened as it was 2 Months ago.
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Doesn't need to he has given a full account in a Police Note Book, however they are difficult to use in court for positive statements, should only be used to get negative statements, i.e. say he did not see or hear anything ect,

Sounds like the policeman was either being lazy or quite new in the job.
 
I don't think the account in the police notebook can be used in court as I didn't sign it like you would a written statement. Without my signature stating that what is written is correct and accurate it means nothing, the policeman could have made it up for all the court knows!
 
Ah if you didnt sign it, its worthless anyway. I would provide a statement stating what you saw or heard, but add to it that you are not willing to assist in any court proceedings or legal action. Its your statement and what you put in it is up to you.
 
MrBrightside said:
I say that I don't want to get involved and decline to give one (right or wrong I don't want to get involved as he is my neighbour and people take sides and it starts to get ugly).
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That's a really rubbish excuse, you were happy to tell the police what you saw/heard, what has changed?
 
I would simply write what you put

"A couple of months ago an alleged assault took place a few doors up the road from me. I heard some shouting and swearing so I looked out the window and saw a woman arguing with my neighbour. After after 8-10 seconds of being nosey I lost interest and went into a different room."

And then you can be on your merry way - if that is as detailed as it gets, then that is as detailed as it gets I'm afraid.
 
I would write up a statement explaining how the woman verbally assaulted the neighbour, then gave him a left hook knocking him to the ground. After he was down she began kicking him in the ribs and stomped on his genitals with her stillettos. A few minutes later she pulled out a gun and pistol whipped him in the forehead. When finally satisfied that he was unconscious, she got in a black sedan and peeled away, knocking over a neighbour's wheelie bin in the process.

Be sure to sign it Mr. Brightside with a smiley emoticon so they can't hold you to it.
 
The officer's notebook would be the original notes and is disclosable to the defence during any investigation.

There is no obligation for you to make a written statement but if you do then you may well be required to attend court to give evidence.

I wouldn't try and sway you either way as to whether you do or don't.
 
Maybe one day somebody will do something horrible to you, and people who were in the area at the time will say they 'do not want to get involved'.
 
I'd write a statement basically saying what you told the Police, you looked out, heard a bit of shouting, lost interest as there was no action, and went back to watching TV.

Then say it was a few months ago so you can't be sure of the above. :)
 
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