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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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I am the prosecutions main witness in a case that will be heard

Customer Question

I am the prosecutions main witness in a case that will be heard at crown court later this year, the statement I made was after a couple of very intimidating police officers visited me asked a lot of questions then put a statement together which I duly signed just to get rid of them as I was feeling very pressured and I have a Heart condition.
I now realize that as I was scared to admit I had been financially rewarded for acting as a director in case I lost my pension money I was not entirely truthful in this statement and when under cross examination from the defense council I will be made to look stupid, plus I did not realize the statement was going to be used by the police or that it was very damaging to the person the police wanted to nail. I now want to put the record straight before it goes to court and make a new statement and submit it to the CPS so I rang a local solicitor to ask them for help in preparing the new statement but they said they were not allowed to act for me and I must go to the CPS direct to make a new statement, is this true and what is the best way forward.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Is this a domestic by any chance?
Customer: replied 3 years ago.

No it is a fraud case where the police are using my denial that I authorized the defendant to use my business bank account as proof that he acted fraudulently

I only denied that I had authorized him to use the account because I was scared I would loose my pension, the police are using my statement to prove the defendant was acting without my knowledge it was nothing to do with the amount of money they are after him for something else

Expert:  Jo C. replied 3 years ago.

Is what you said untrue?
Customer: replied 3 years ago.

Yes and the defendant can quite easily prove that many of the things in my statement are not true

Expert:  Jo C. replied 3 years ago.
Has anybody advised you of the significance of this?
Customer: replied 3 years ago.


Expert:  Jo C. replied 3 years ago.

I am really sorry to be the bearer of bad news but there's really no way around it.

You can call the police and make a new statement. They cannot stop you doing that although they will probably be dilatory about it.

However, if you are saying that you have set down something untrue in your original statement then that is not just a simple matter of setting the record straight. That is potentially perverting the course of justice and people go to prison for that.

Whether or not this particular inaccuracy is sufficient to amount to perverting is another matter. Its fair to say that witnesses do make mistakes in statements all the time, and sometimes even lie on minor points, and no action is taken against them.

If this is the basis upon which this prosecution is brought then it amounts to a material point and there is, at least, a risk that you could face prosecution. It depends how important in the case overall this was. They do have to show its a material point.

Prosecutions for perverting are fairly rare in the grand scheme of things. Certainly not every lying witness is prosecuted and the truth is that you cannot go to court and say something untrue as that is perjury which is more serious.

I am sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 3 years ago.

I understand that I have to put the record straight but I would loke a solicitor to advise me and prepare a true and accurate statement for when I go to the CPS, is the local solicitor correct in saying I can not get legal representation on this matter?

Customer: replied 3 years ago.
Can you please answer my original question that I paid £45 for
Can a solicitor advise and prepare a new statement for me or not?
Expert:  Jo C. replied 3 years ago.
No. Its not a solicitor issue. As I said above, you have to contact the police who will take a new statement.

No, you cannot get representation for this. You are a Crown witness and have to be dealt with by CPS and the police as their evidence gatherers.
Customer: replied 3 years ago.

I am not asking for legal aid

Just someone to advise me on the way forward

Expert:  Jo C. replied 3 years ago.
No, I understand but a solicitor cannot do that. You are Crown witness and have to be dealt with by the police or CPS.

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