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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Can an investigating officer, designated under the Police

Resolved Question:

Hello, can an investigating officer, designated under the Police Reform Act 2002 and as one of their 12 discretionary powers, interview and take a statement from a victim of crime for a complaint involving an offender's breach of the terms of a conditional caution for common assault and threatening behaviour? Thank you.
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

Hi

Is there any reason you think they may not be able to ?

Customer: replied 7 months ago.

Yes, I believe it is not a power conferred to them and they are therefore unable to record a witness statement since they are not trained in this area.

Expert:  Jo C. replied 7 months ago.

Why?

Why should they be unable to take a witness statement?

Sorry if I am missing the point. You might be right but I can't see it at the moment.

Customer: replied 7 months ago.

I am sorry but I am asking the question and just require clarification on this matter under the Police Reform Act.

Expert:  Jo C. replied 7 months ago.

Yes, there are no prohibitions therein upon officers taking witness statements.

Officers regularly take S9 statements and nothing in the Reform Acts have rendered that unlawful.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69525
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.

Thank you for your response.

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