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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I made a statement to the police which they may use against

Resolved Question:

I made a statement to the police which they may use against my daughter. I would like to know if I can withdraw my statement and/or my support for any possible prosecution and what would the implications be. Also, can my statement still be used to question my in court.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what type of matter this is?

Alex Watts :

In brief what has happened?

Customer:

A small fire in a waste paper bin started in my home and I called the police and made a statement. The police are accusing my daughter of starting the fire.

Alex Watts :

OK. What you can do is provide a statement saying you do not support the prosecution

Alex Watts :

You can't retract your statement, because you are saying if you do that, you made it up and it is not true.

Alex Watts :

If it is true then you can simply give the Police a statement saying you withdraw your support

Alex Watts :

There are no implications for you.

Alex Watts :

The statement can't be used in Court.

Alex Watts :

What they can try and do is summons you as a witness.

Alex Watts :

Which means you are ordered to attend Court.

Alex Watts :

If you do not then they can seek a warrant for your arrest that day

Alex Watts :

So you have 2 options:

Alex Watts :

1) make sure you can't be found that day, ie go out

Alex Watts :

2) attend Court but refuse to give evidence or go into Court

Alex Watts :

But yes you can certainly give a statement not supporting the prosecution

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I thought the back door was locked at the time of the incident but I have since checked my cctv and found that the door was unlocked so my statement is inaccurate.

Alex Watts :

Ok. You can amend your statement or give a new one withdrawing your support

Customer:

Is it possible just to withdraw?

Alex Watts :

Yes. You are withdrawing your support and saying you wont attend Court

Alex Watts :

People do it all the time particularly in domestic violence cases

Customer:

how do I word the retraction

Alex Watts :

Well the Police will assist you with that.

Alex Watts :

Its only a retraction if you are saying you made everything up

Alex Watts :

You are withdrawing your support from the prosecution if I understand you.

Customer:

do I ask to amand or to withdraw

Customer:

amend or withdraw

Alex Watts :

Withdraw

Customer:

should I write ort

Customer:

turn up at the police station

Alex Watts :

Yes make an appointment though

Alex Watts :

Can I clarify anything else for you?

Customer:

t

Alex Watts :

t?

Customer:

the problem is that they are using my statement to show that my grandchildren my be at risk so time is important

Customer:

I want to withdraw it this weekend

Alex Watts :

Yes then you need to make an appointment to go and do that

Customer:

also, can they still use my statement in court?

Alex Watts :

No

Customer:

are they likely to prosecute me for wasting police time

Alex Watts :

Very unlikely.

Alex Watts :

That is normally for hoax calls etc

Customer:

can I demand an appointment immediately

Customer:

I am worried that they will delay

Alex Watts :

No, it may take a day or two

Alex Watts :

But it certainly should be within a week

Customer:

in the meantime the have arranged for social services to visit me on monday

Alex Watts :

Ok. I am not a social services lawyer so can't help you with that aspect.

Alex Watts :

But call them today, you may be able to make an appointment over the weekend

Customer:

can I just drop my written withdrawal into the police station

Alex Watts :

No

Alex Watts :

The Police will need to take a formal statement from you

Customer:

ok

Alex Watts :

You could just term up and demand to be seen to have a statement taken

Alex Watts :

But you can't take something written in

Alex Watts :

It needs to be done formally

Customer:

is that reasonable

Alex Watts :

To be done formally - yes

Alex Watts :

Its the proper procedure

Customer:

no, to just turn up

Alex Watts :

You can try it if the matter is that urgent

Customer:

ok thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

they took statements from other members of my family, can we all go down to the police together

Alex Watts :

Yes

Customer:

ok

Alex Watts :

Does this answer the question for you today please?

Customer:

yes, I think so

Alex Watts :

Can I help with anything else today?

Customer:

can I get back to you after I have been to police or do I need to request another answer

Alex Watts :

Yes once you rate you can still come back to me.

Customer:

thank you

Alex Watts :

If this does answer the question can I ask you to rate my answer today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

yes, sure. is this chat on record so that I can refer to it again

Alex Watts :

Yes once you rate the format changes but you can come back to it at any time

Customer:

thanks

Alex Watts :

Happy to help.

Customer:

bye for now

Alex Watts :

Bye, please do remember to rate before you go

Customer:

will do

Alex Watts :

Thanks. Have a good weekend

Customer:

you too

Alex Watts :

Thank you.

Customer:

bye

Alex Watts :

Bye for now

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