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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I witnessed someone attacking another person and

Customer Question

My wife and I witnessed someone attacking another person and gave statements stating that we saw him doing this etc.
But as this was 6 months ago our memory is fading on exactly what happened, plus we don’t think we could say for a fact that the person in court is the same person we saw on the night is it possible for us to retract our statement, say beforehand that we can’t 100% stand by our statement, or say on the day in court that as we can’t remember fully what happened we can’t stand by our statement.
Thanks Louis
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

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

Alex Watts :

You can't retract as such

Alex Watts :

If you retract you are saying you lied and made it up

Alex Watts :

What you can do is give a further statement saying what you now believe.

Alex Watts :

But that wont stop you being called as a witness if the matter goes to Court.

Alex Watts :

You can still be summoned to give evidence should the matter proceed to trial

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-tdmdk1l2- :

Hello Alex the matter is going to court in January.

Alex Watts :

You cant stop it going to Court, but you can go and tell the Court the truth.

JACUSTOMER-tdmdk1l2- :

How do I give a further statement and is it ok for my further statement to say I cant remember enough now to stand by what I previously said.

Alex Watts :

If you can't remember say so

Alex Watts :

But until it is dropped you must still attend as a witness

Alex Watts :

To give a further statement you simply go to the Police station and give one

JACUSTOMER-tdmdk1l2- :

I have no issue attending. But do I make an amendment to my statement saying I cant remember or do I say this on the day

Alex Watts :

You cant do it on the day as your statement wont be presented in evidence generally.

Alex Watts :

You will be asked what happened by the Prosecution

Alex Watts :

Then the Defence Solicitor will ask you questions.

Alex Watts :

If you cant be sure about who it was you say so

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-tdmdk1l2- :

ok so do I need to amend my statement before the day

Alex Watts :

You can or give a further statement now

JACUSTOMER-tdmdk1l2- :

ok do I need to go to the police to do this, can I email them a new statement. Just so I am clear I can give a statement saying that I cant remember all the details that well anymore as it was many months ago

Alex Watts :

Yes you need to go to the Police. You can't email it. You can give a further statement saying you can't remember yes

JACUSTOMER-tdmdk1l2- :

so if I give a statement saying I can no longer remember I am not breaking the law. Can I make a really basic statement saying "I cant recall 100% the first statement anymore"

Alex Watts :

No you are not breaking the law.

Alex Watts :

You can make a statement saying you cant be sure, yes

JACUSTOMER-tdmdk1l2- :

That's good for me thanks. I think the police station is now in a different town due to budget cuts which is now 15 mies away. Can I ask them to come to me.

Alex Watts :

You can but there is no duty for them to do so

JACUSTOMER-tdmdk1l2- :

Ok last question they cant refuse to allow me to make a further statement

Alex Watts :

No they can't

JACUSTOMER-tdmdk1l2- :

thanks for all your help Alex.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-tdmdk1l2- :

No you have been helpful thanks.

Alex Watts :

Great, If I could ask you to rate my answer before you go today, the button should be at the bottom of the screne

Alex Watts :

* screen *

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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