An appropriate adult for a mentally disordered or otherwise mentally vulnerable person is a relative, guardian or other person responsible for care, or someone who has experience of dealing with "mentally disordered or otherwise mentally vulnerable" people, and failing that, some other responsible adult who is not employed by HSE You do not have to make appointments to see employees via their employer.
Where a witness refuses to give a voluntary s9 CJA statement and you compel them to give a statement under s20 of HSWA you should consider how these compelled statements can be used if you need to rely on the evidence they contain. You will be asked to sign the statement to say that it is an accurate account of what you think happened.
The translation should be obtained as soon as possible, so as not to delay the investigation. Sometimes a person making a witness statement will have another person witness their signature to the statement but this is not ordinarily necessary.
The circumstances of the investigation will dictate whether or not it is appropriate to see witnesses with the knowledge of their employer or another person. When considering the public interest test in deciding whether to bring a prosecution, para 4. In such cases you should also arrange for an interpreter to be present You should then sign and date the witness statement down the bottom where indicated.
A statement should record what the witness saw, heard or felt. You should therefore consider whether any of the special measures that the court can take to protect witnesses, for example use of screens or video links, will assist the witness to give evidence If you find making your statement distressing, you can ask for a break at any time.
If a request for disclosure is received for any other purpose then you must seek consent for this and again make a written record of the reply. Interfering with exhibits is also an offence At the same time the Inter-Agency Working Group on Witnesses, which reported in Mayexpressed its concern about the lack of information material for witnesses.
Defence questioning of witnesses Releasing copies of witness statements The leaflet has been produced in response to these findings. Whether such a person is a suspect in your investigation will depend on the evidence that you have collected.
For further guidance, see the sections Supplying statements to witnesses and Supplying statements to the defence in the Pre-trial section. These are people in positions of authority within the corporate body who have both the power and responsibility to decide corporate policy and strategy 3.
A VPS is a voluntary statement see below. People unfit to be interviewed The new version MG11 is being introduced ahead of the full suite of MG forms which will be implemented next summer.
Police officers in these two areas were asked to give the leaflet to witnesses after they had taken a statement. This means that a director cannot claim the privilege against self-incrimination to avoid incriminating the company or to prevent the company disclosing information that would incriminate the director 7.
It is common practice within HSE to use the term witness "interview" when taking or proposing to take a witness statement. You should also be careful not to provide statements to witnesses in circumstances which enable them to compare with one another what each has said.
However, it is also important to record anything that may open up a new line of enquiry or help in corroborating other information 1. You should not interview a person if you believe that they are unfit to be interviewed Other versions of the leaflet will only be distributed on request.
The Court of Appeal has stated 9 that there is a distinction to be drawn between the compulsory production of documents or other material which had an existence independent of the will of the suspect or accused person and statements that they have had to make under compulsion.
The maximum order for all other versions is It is important therefore to clearly explain to a potential witness that they are not a suspect and you propose to take a statement from them.
There is no "property" in a witness. If a witness requests that you provide them with a copy of their witness statement, you should normally comply with their request.Giving a statement to the police A statement is a written or in certain circumstances a video-recorded account of what happened and may be used as evidence in court.
Before making any statement, the officer will ask you a number of questions in order to know exactly what happened.
When you the phrase “witness statement”, what first comes to your mind? I know it sounds like a scary one, and it indeed is.
When something bad happens and the police want to investigate the incident, they will most likely rely on witnesses notary statements.A witness statement is not just tied to the bad things that happen in the world, believe me.
How to write organized and concise police reports. When asked why they write this way, many writers will state that they don’t want to make it look like they are making it up — they want.
When you talk about a document in a witness statement you should attach a copy of that document to the end of the statement. These documents are then called 'attachments'.
You should label the top of the first page of each attachment with a letter. Releasing copies of witness statements; Witness interference and intimidation; You may find it helpful to take notes before beginning to write the statement.
Once the statement has been completed, you should read it over to the witness before it is signed. s(1). The offence extends to investigations by the police and by other persons.
For a sample, see Sample protected person witness statement. Any information you give to the court should be true. If you give false in formatio n to the court you can be charged by the police.Download