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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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hi if you withdraw a statement can it still be used?

Resolved Question:

hi if you withdraw a statement can it still be used?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today.
Alex Hughes : Could you explain the history in a little more detail?
Customer:

There was recently an incident at a party and i was told whilst very drunk i had to make a statement, so I did even though i stated i didnt want to be involved or my name mentioned as it could put my family at risk. The next day when sober I realised I didnt have to make the statement in the first place so withdrew it, again stating i didnt want part of the situation and i didnt really see anything or remember much because of how drunk I was. I also signed something to say i wished to stay anonymous and was not prepared to go to court as nobody wanted to press charges. The very same day after being promised by the CID and the police, they arrested somebody and straight away told them my name and said I had given a statement. Is this legal when I had stated more than once i didnt want my name involved.

Alex Hughes : We're you the victim of assault?
Customer:

no i was just there and in fact didnt even see it happen i was back inside the place it happened by the time it happened

Alex Hughes : OK. So you didn't see anything? Seems a bit pointless taking a statement from you as a witness if you didn't witness anything. What did you tell them?
Customer:

I cant really remember as I was drunk, but I saw the argument, but my son pushed me back inside then next thing i knew two people came in covered in blood. I was angry at the person as it was my sons 18th and I had worked hard for it, and was told he had glassed people but it turns put this may not have even been the case and now my name is ***** ***** into something i specifically asked not to be, and then they have given the guy in question my name when i told them it could put my family in danger as his family are dangerous

Customer:

that may have sounded like my son had glassed people, which isnt what i was saying i meant my son pushed me back in then apparantly the guy in question glassed 2 people

Alex Hughes : Sounds like very bad police work and you should seriously think about complaining about this to a senior officer as soon as possible. The fact of the matter is that if the police decide to charge this person and there is a trial you could be required to attend court to give evidence - even if you have said that you wish to withdraw your statement. The problem is that once a statement has been made and signed it's very difficult to 'withdraw' it. The best that you can hope for through complaining and making it clear that you didn't see anything is that you're not called to give evidence. In addition to complaining you could also instruct a lawyer to write to the police on your behalf explaining your concerns, although it appears it's too late for that now if your name has already been mentioned.
Customer:

can I take legal action against them for giving my name when I specifically asked them not to, also if i was drunk surely my statement cant even be valid

Customer:

and I signed something to say my original statement was no longer correct yesterday

Alex Hughes : I agree. You're statement is worthless if made when drunk. But I guess the police argue that you were fit when you made it. The fact that you've made a subsequent statement is very helpful.
Customer:

Well the lady that took my statement yesterday is on holiday until friday and she promised me yesterday she wouldnt mention me and i signed something saying i wished to stay anonymous and wasnt willing to give evidence in court, yet she still told him my name

Alex Hughes : You should find out who her supervising officer is and complain. But if your name has been mentioned then it's probably a bit too late anyway. But the more you complain the more likely it is that you won't be called to give evidence at the trial.
Alex Hughes : But I am surprised that they referred to you as a witness when you apparently didn't see anything. Sounds like very shoddy police work.
Customer:

can i take legal action against her?

Customer:

She is C.I.D?

Alex Hughes : You might be able to take legal action but it will probably end up costing you a fortune with little in return. Your best option is to make a formal complaint.
Customer:

yeh i dont want any compo or anything i just want to make a stand to stop them doing anything like that again in the future

Alex Hughes : CID simply means the officer is a detective dealing with more serious and complicated crimes rather than a uniformed officer.
Customer:

well when she comes to see me friday i will tell her how angry I am but theres not really much I can do until then is there?

Alex Hughes : Legal action costs money. And whatever stand you take is unlikely to eradicate this type of problem. I've seen it happen repeatedly for years.
Customer:

well i wll never trust the police again thats for sure

Customer:

they are supposed to protect people not put them in danger

Alex Hughes : I understand your frustar
Alex Hughes : i understand your frustration.
Customer:

so do you think i should persue making a complaint?

Alex Hughes : Yes, - based on what you've told me this matter has been handled very badly and you should complain.
Customer:

thank you - I just need to know if I was right to feel that I have been used as a scapegoat, thank you very much for your help

Alex Hughes : Can I assist any further?
Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 2 years ago.
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