Unit 3 Lesson 11.1: Statement Taking

Question 1

What is inculpatory evidence?

Answer 1

Evidence which points to the guilt of the accused

Question 2

What is exculpatory evidence?

Answer 2

Evidence which points to the innocence of the accused

Question 3

In what tense (first or third person) are witness statements written in?

Answer 3

First

Question 4

What should every witness statement start with?

Answer 4

I am the above named person and live at the address given

Question 5

What should every witness statement conclude with?

Answer 5

I can/cannot the identify the person in question.
I can confirm that this is a true and accurate record.

Question 6

In cases where Identification of the suspect is an issue, what mnemonic should be considered when compiling a witness statement?

Answer 6

ADVOKATE

A - Amount of time (witness observed suspect)
D - Distance (how far away suspect was observed
V - Visibility
O - Observation (impeded?)
K - Known to the witness?
A - Any reason for remembering?
T - Time elapsed (between observation and statement
E - Error in description

Question 7

In relation to children, in cases of a serious crime or child protection concerns, what kind of interview should be considered?

Answer 7

Joint Investigative Interview (JII)

Question 8

What constitutes a vulnerable witness?

Answer 8

• under 18
• risk of diminished evidence as they have a mental disorder or fear or distress in connection with giving evidence at trial
• victim of sexual offences, human trafficking, domestic abuse, stalking etc
• risk of harm if giving evidence

Question 9

Can a vulnerable witness request gender of officer?

Answer 9

Absolutely, they must be afforded this opportunity

Question 10

What is the name for pre-recorded evidence in court?

Answer 10

Evidence on Commission