Statement Writing

Question 1

S.9 Criminal Justice Act 1967

Answer 1

A written statement is admissible in evidence to the same extent as oral evidence.

Question 2

A written statement is admissible in evidence to the same extent as oral evidence.

Answer 2

S.9 Criminal Justice Act 1967

Question 3

What is a Witness?

Answer 3

“One who sees, knows or vouches for something” (Black’s Law Dictionary, 2009)

Question 4

Define primary & secondary evidence

Answer 4

Primary - Saw or heard something
Secondary - Someone told them they saw/heard something

Question 5

When do you make a statement?

Answer 5

1) When you make or assist in an arrest (before you clock off)
2) If you are a witness (primary evidence)
3) Producing/Seizing exhibits/CCTV
4) Issuing a traffic offence report
5) Also potentially for use of force, stop & search and formally charged a person

Question 6

What should you record in your statement?

Answer 6

1) Time, Day, Date, Duty (who your with)
2) Your location & Location of occurrence
3) Details of the incidence/offence
4) People involved
5) Descriptions (10-point)
6) Caution/arrest or disposal
7) Any Direct speech (CAPITALS) including Q&A
8) Reply to caution
9) Significant Comments
10) ADVOKATE
11) Code G Necessities
12) Exhibits
13) Use of force
14) Legislation used

Question 7

What not to put in your statement?

Answer 7

Assuming it’s not relevant/needed, do not include:
1) Name of witness
2) Address of witness
3) Telephone number of witness
4) Date of Birth of witness
5) Any other sensitive data.

Question 8

Witness statement form name & use

Answer 8

MG11 Witness statement form
Read out the form to make them aware of consequences of lying.

Question 9

5 building blocks of MG11 statement Structure

Answer 9

1) Introduction (What is the statement about?)
2) People (Who will you be talking about?)
3) Place (Describe the location of the incident/set the scene)
4) Account/Event (What happened?)
5) Closure

Question 10

Information in Part One of MG11 Statement

Answer 10

Introduction to:
- Time, date, location of incident
- Colleagues
- Type of incident

Typically one or two sentences

Question 11

Information in Part Two of MG11 Statement

Answer 11

KNOWN TO YOU:
Refer to them by name and how you know them

UNKNOWN TO YOU:
Identify with a key descriptor, then give them a number (Male 1) or through descriptor (Male with red hoody)

Question 12

Information in Part Three of MG11 Statement

Answer 12

Describe in plain language the location. Could provide a sketch if possible.

Question 13

Information in Part Four of MG11 Statement

Answer 13

1) Focus on the event & action of all involved
2) Describe senses
3) Include Speech
4) Include grounds, necessity and full caution
5) Include reply to arrest/caution
6) Use of force
7) Legislation
8) ADVOKATE

Question 14

Information in Part Five of MG11 Statement

Answer 14

Ending of the statement, mention any final points such as a full list of exhibits (Chronological), injuries/damage (usually part 4)

Question 15

What are Exhibits?

Answer 15

“Any physical property, digital data or media that is downloaded or recovered” that could form part of the evidence in a criminal offence

Question 16

Exhibit Number Structure

Answer 16

The initial of the producing person including the middle name(s), followed by an increasing number. (FOAF/1)
When mentioned in the statement say
1) Time seized
2) Which property store the exhibit was booked into
3) And the reference on the receipt

Question 17

BWV in Statements

Answer 17

-Footage will be an exhibit stating who was recording and the camera number.
-Officers may review footage before writing a statement

Question 18

Statement Formatting

Answer 18

Remember to indent and capitalise address, surname and direct speech.

Question 19

Protecting Witnesses in Statements

Answer 19

Simply say “from information received”