Written Statement - Drafting Flashcards
When is this used
In a police interview if your client will answer ‘no comment’ then you need to give a written statement to put your client’s defence on record
Adverse inference - Silence
Allows for an adverse inference to be drawn when a suspect is silent when questioned under caution
Adverse inference - Failing to account for objects, substances or marks found (S. 36)
Allows for an adverse inference to be drawn when a person fails or refuses to account for objects, substances or marks found:
1) On him
2) On his clothing
3) In his possession
When the officer believes that the presence of the mark, substance or object may be attributable to their participation in the commission of the offence
Adverse Inference - Presence (S. 37)
Allows for an adverse inference to be drawn when a defendant fails or refuses to account for their presence at a particular place where it is believed that they may have committed an offence
How to avoid an adverse inference
By providing a written statement as long as the written statement contains all the facts which the defendant later relies on in their defence a trial.
What it needs to include
1) All facts which the defendant later relies on in their defence at trial
2) Answers to any questions that the police are likely to put to the defendant under S. 36 and S. 37
Needs to say no more than is necessary to prevent the drawing of adverse inferences at trial in particular relating to possession and whereabouts.
Avoiding adverse inference - Answers to any questions that the police are likely to put to the defendant under S. 36
Written statement needs to anticipate an obvious question arising under S. 36 namely, to account for any blood stains on clothing and shoes as the police will believe that this is either blood from the victim or from defendant
Avoiding adverse inference - Presence (S. 37)
Written statement needs to anticipate an obvious question arising under S. 37 that the police will put to the suspect namely, their presence near the crime is attributable to them committing the crime
Avoiding adverse inferences - Significant statements
Needs to address any significant statements made which could be used in evidence against the suspect. Officer will usually ask if they confirm or denies that earlier statement and if they want to add anything else in the interview. The written statement needs to explain what the suspect can recall saying and why they said it
Structure
1) Heading
2) Opening paragraph
3) Main body
4) Statement
5) Execution
Heading
Written Statement of [SUSPECT]
Opening paragraph
Explain why they have been arrested and charge
Opening paragraph - Example
I have been arrested on suspicion of robbery of [NAME OF VICTIM] at [TIME and DATE]. It is alleged that I punched him and stole from him £10 in cash.
Main body
Needs to explain defendant’s version of events - where they were at the time of the crime. And predict S. 36 and S. 37 versions
Example of S. 36 - Blood
I also tripped on the pavement as I ran into London Road at the northern end. That opened up a cut that I already had on my left hand from preparing my breakfast the previous morning. I recall seeing some blood on my shirt. It may have also got onto my trousers and shoes
