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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70826
Experience:  Over 5 years in practice
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Can I change a police statement I made about my boyfriend

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Hello can I change a police statement I made about my boyfriend hitting me? I gave the statement when very drunk and didn't read it before it was singed. I think we got in a scuffle but he may have been restraining my wrists not hit me
Have you done this before?
Customer: replied 1 year ago.
Not even in other relationships?
Customer: replied 1 year ago.
no not ever. I've never called the police before
Customer: replied 1 year ago.
I only did so this time as other people were preset and I was so embarrassed
Customer: replied 1 year ago.
We were in an argument and I was giving as good as I got then he grabbed me and I fell to the ground, he may have struck me or I may have fallen as I was drunk and wearing huge heels
Ok. Has anybody been talking to you about this?Only the truth is this. Some young ladies use the police as a mediation service and call them continually knowing that they intend to drop. One of the ways in which they achieve that is to say that they were drunk when they made the statement. The police will disbelieve that immediately.
Customer: replied 1 year ago.
The police know I was drunk when I made the statement I told them at the time
Customer: replied 1 year ago.
It was at 4:50am after a house party I was drunk
Yes, possibly but it doesn't mean there would be an error in the statement.It is just plain wrong to say that a statement would necessarily be inaccurate because the maker was drunk. The reason some people do it is to head off a charge for perverting the course of justice.
The trouble with this is that you are effectively saying that you said something untrue in your statement. That is at least potentially an admission to perverting the course of justice.
If you are wrong then you are wrong and it must be corrected to avoid a more serious offence.However, you do face the risk that they will prosecute you. They may just summons you and put your original statement to you hearsay.If others have given statements then they may just prosecute him on the basis of their evidence.Or they may do nothing. In fairness, you don't have a history of doing this which is always helpful.
Customer: replied 1 year ago.
I don't want to lie but I can't be sure he hit me or meant to hit me with hindsight it was an argument and I ended up on the floor and he was stood up. I can't say 100% that he hit me as it was so fast.
It is easy enough to correct a statement. You just tell the police it is wrong and you need to correct it.The problem here is that you are not just correcting minutia but trying to retract the allegation.
Oh yes, of course. We all have rows.
Customer: replied 1 year ago.
I don't want to stand and say 100% that he hit me if I'm not 100% that he did. It was a terrible argument but I need to be honest. I don't want back with him I just don't want to ruin someone's life bass on what may or may not have happened
No, if you are in doubt then you will have to make a fresh statement.The problem is that they may not believe that your second statement is correct.
Customer: replied 1 year ago.
If I retract my statement will I then be prosecuted? I wasn't telling lies I did end up on the floor sand was frightened but I don't know 100% if we clashed or if he struck me
Customer: replied 1 year ago.
I am in doubt. I will make a fresh statement and face what comes. I was so drunk and it happened so fast
Yes, you could be. In fairness, they don't prosecute nearly often enough. People make false allegations all the time and get away with it. It will be bad luck if you are prosecuted but you could be.
Customer: replied 1 year ago.
Would I go to prison?
For perverting you could. Sometimes people do and sometimes they just get suspended sentences.In truth, a much more likely outcome is a wasting police time fine.I think though that it is much more likely they will just disbelieve you and summons you.
Customer: replied 1 year ago.
What does that mean? That they will ask me to go to court.
That they will force you to come to court.
Customer: replied 1 year ago.
I would and hopefully there I can tell that I'm uncertain.
Customer: replied 1 year ago.
Can I say that, in court that I'm not 100% sure what happened
Customer: replied 1 year ago.
What's my best course of action here, in your opinion?
Customer: replied 1 year ago.
Are you there?
yes, you can but the risk is that they will just put your original statement hearsay and he will be convicted.I'm afraid that women do this sometimes.I think that if your original statement is wrong then your only option is t put your hands up.
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