APPENDIX 3.6 The Taking of Witness Statements
1. GENERAL
It is a general rule in criminal proceedings that witnesses should give evidence orally in court. However, whether statements made to officials such as environmental health officers are admissible depends on the circumstances of each case. The important factor is whether the statement had been fairly obtained.
2. METHOD OF OBTAINING STATEMENTS
Different circumstances and the variable nature of the contents of statements dictate that only general guidelines can be indicated as to the most appropriate method for obtaining witness statements.
Certain "standardised" statements, e.g. from a business producing records of previous transactions or from trade mark holders giving evidence of the examination of allegedly counterfeit goods, would normally be obtained by agreeing the content through telephone contact or written correspondence. Other statements, e.g. from complainants or from experts giving opinions, may more usefully be taken in person so that an assessment can be made of their suitability and credibility.
A statement should be taken at the earliest possible opportunity.
It is normally more convenient for an officer to write down the witness's dictated words so that only relevant matters are included and that there are no important omissions. However, witnesses should always be given the opportunity to write their own statements. An initial verbal account from the witness outlining the chronological order of events will aid sequencing and avoid omissions. Officers should question ambiguities and consider alternatives when opinions are put forward. It is preferable for the officer to "cross examine" at the earliest stage rather than for embarrassing inconsistencies to be revealed in Court.
All relevant information known to the witness should be recorded in logical manner using the witness's actual words - attempts should not be made to improve grammar if the meaning is clear.
Thought should be given to the detail which is necessary for certain aspects of the evidence, for example, whilst it may be self explanatory for a witness to state "I went to Joe Bloggs Motors in the High Street" (i.e. not "to Joe Bloggs Excellent Vehicles (Northampton) Limited, 82 - 84 High Street") reference to actual dates (if known) should be recorded rather than a phrase such as "last Monday".
Where a person who can give corroborative evidence is referred to in the statement, that person's full name and relationship with the principal witness should be given. A statement should also be obtained from the corroborative witness.
Statements should not be obtained in the presence of another witness.
Errors should be struck through - but not obliterated - with corrections written above and initialled by the witness.
It is essential for the witness to read carefully through the statement and to make any amendments or additions before signature. The officer should ensure that statements are properly signed both at the completion of each page of evidence and against the statutory declaration. Witnesses should be aware that they may be called upon to give evidence in a Court - their attention should be drawn to the statutory declaration and its meaning should be made clear.
The wording of statements should comprise continuous text - without paragraphs. If typed, double spacing should be used.
Hand written statements should be accompanied by a typed copy.
One side only of the page should be used.
Officers should check that the full name of the witness is stated (not initials), the date (including the year) and the number of pages are completed correctly and, for statements not obtained in person, that the signature corresponds with the maker's name.
Special provisions exist for evidence from witnesses who are:
(a) persons who cannot read
(b) persons who make statements in a language other than English
(c) children or young persons (although no actual age limits apply)
(d) persons who are mentally ill or of "defective intellect"
(e) dying persons (and deceased persons who had made statements)
Where a statement does contain inadmissible, prejudicial or irrelevant material it may be edited. (Usually a fresh statement will be drawn up although the original should be retained)
3. EXHIBITS
Any document or object which is referred to in witness statement and which is of evidential value should be:
(a) clearly identified and
(b) produced in evidence.
Reference should not be made to exhibits which are "attached" or "enclosed" - they must either be produced or identified.
Officers must distinguish and recognise the difference between production and identification. A person who owns, has possession, control or responsibility over the actual exhibit will produce it - other persons who may previously have seen it, owned it, etc., will identify it. Thus, witness A may say that they read an advertisement in a particular newspaper which they retained and produce as exhibit A/1 - staff at the newspaper company may identify the advertisement as being produced by them in response to certain procedures.
An exhibit slip should be attached or fastened to the exhibit - all witnesses who refer to the exhibit should sign the exhibit slip. For report purposes: -
(a) documentary exhibits do not need exhibit slips - it is sufficient for them to be marked with the exhibit number
(b) photographs may often provide an acceptable alternative to the actual items.
An exhibit must be described in sufficient detail within the statement to enable it to be identified.
Exhibit numbers originate from the initials of witnesses - John Smith produces JS/1 etc. There should be no duplication of exhibit numbers.
4.0 DOCUMENTARY EVIDENCE, BUSINESS RECORDS AND COMPUTERISED EVIDENCE
The Criminal Procedure (Scotland) Act 1995 Sch 8 makes provision for the admission of certain evidence which would otherwise be excluded as hearsay.
Computerised records can be admissible providing the conditions in Sections 24 of the Criminal Justice Act 1988 are proved and then the computer shown to be reliable (i.e. providing the conditions in the Police and Criminal Evidence Act 1984 Section 69 are met).