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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Can you direct me to where I may find a template a statement

Resolved Question:

Can you direct me to where I may find a template for preparing a statement to read out in court?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What sort of case are you talking about?

Customer: replied 1 year ago.
2 charges - a Section 5 and Driving without due care and attention
Customer: replied 1 year ago.
are you still there?
Expert:  Clare replied 1 year ago.

In that case I shall opt out and allow a colleague with more experience on that area to assist you

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
How long should I expect to wait for that response ?
Expert:  Jo C. replied 1 year ago.

I have been asked to look at this.

I'm not sure what type of template you mean? We don't usually keep templates for criminal proceedings.

Customer: replied 1 year ago.
I was informed that it would be a good idea that since I'm not being represented by a solicitor on the day, that I should prepare a statement (i.e. to explain my recognition of the charges along with an explanation of my efforts to address my behaviour which brought it about, and to augment my early guilty plea to both) in an attempt to provide some degree of mitigation. There are templates for this sort of prepared statement, are there not?
Expert:  Jo C. replied 1 year ago.

No, there are not.

Templates cannot be done for a mitigation because the mitigation is always different. Even those in practice do not use templates.

Customer: replied 1 year ago.
can you possibly advise me how I should prepare it?
Expert:  Jo C. replied 1 year ago.

Yes, you will have to tell me your circumstances?

Customer: replied 1 year ago.
I wish to express that I recognise I have issues which brought about my inappropriate behaviour and have started counselling to address them and will produce a letter from the therapist stating that I am receiving treatment and how that treatment is coming along. Basically I want it to be seen that I am taking responsibility and moving forward in a pro-active way rather than simply accepting things as they are.
Expert:  Jo C. replied 1 year ago.

What is the offence and what are the facts?

Customer: replied 1 year ago.
A driving incident which caused me to react verbally angry towards the other driver. Nothing physical. Causing that person distress.
Expert:  Jo C. replied 1 year ago.

Are you charged with common assault?

Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.
I see the expert has opted out - what else would you like to know?
Alex

Customer: replied 1 year ago.
Hi Alex. Can you see the conversation history?
Expert:  Ash replied 1 year ago.

I assume you are the Defendant? Are you pleading guilty?

Customer: replied 1 year ago.
I am and I have entered an early guilty plea. I want advice on how to prepare a statement at a hearing for a Section 5, in an attempt to provide some degree of mitigation. I wish to express that I recognise the issues which brought about my inappropriate behaviour and have started counselling to address them and will produce a letter from the therapist stating that I am receiving treatment and how that treatment is coming along. Basically I want it to be understood that I am taking responsibility and moving forward in a pro-active way rather than simply accepting things as they are. I was told that there are templates online for composing statements to read in court but I can't seem to find anything. Please can you help with this?
Expert:  Ash replied 1 year ago.

You can just write it in the form of a letter if you wish and then just read it out. Then you can hand this in to the Court if you wish for them to consider

If you need to do it in the form of a statement, which you dont have to then you can.

Guidance can be found here which applies to civil cases but the idea is the same.

http://www.johnantell.co.uk/how-to-write-a-witness-statement

But you dont need to do a formal statement, you can do it in a letter and hand in or just read it out

Can I clarify anything for you about this today please?
Alex

Expert:  Jo C. replied 1 year ago.

I'm very sorry for the intervention. In fact, I had not opted out.

Also, the answer above is incorrect. You are not preparing a witness statement. This is a mitigation which is entirely different.

A written statement will not be considered.

Customer: replied 1 year ago.
no special titles or addressing persons formally etc? Would it start with 'Your Honour' or how should it start??? (sorry if this seems like a banal question but I don't want to do anything inappropriate).
Expert:  Jo C. replied 1 year ago.

Not at all.

Expert:  Jo C. replied 1 year ago.

You will be appearing before Magistrates not a Judge.

Just call them sir or madam.

Expert:  Jo C. replied 1 year ago.

But a witness statement will not be considered and is not appropriate in a criminal court.

Customer: replied 1 year ago.
Oh I see, that helps. So just a regular letter format then.
Expert:  Jo C. replied 1 year ago.

Any suggestion that it will is a nonsense.

Expert:  Jo C. replied 1 year ago.

I suppose it is possible to hand up a letter but you could just attend and say the words which would be more normal and appropriate.

Expert:  Jo C. replied 1 year ago.

S5 public order just leads to a fine anyway. There is no other penalty. You don't see many prosecutions now.

Customer: replied 1 year ago.
I will attend the hearing, I was simply told to prepare a statement and perhaps that was suggested so that I say the right thing on the day?
Expert:  Jo C. replied 1 year ago.

I can draft you up a mitigation if that would help?

Customer: replied 1 year ago.
That would help yes, thank you so much.
Expert:  Jo C. replied 1 year ago.

Witness statements do not apply. This is not a civil court. You can't just tender witnesses and anyway they have no relevance to a mitigation.

Expert:  Jo C. replied 1 year ago.

Mitigations are simple enough but you don't hand up the written document. You just made a speech.

Normal plan is

1 Emphasis your early guilty plea entitling you to one third off any sentence

2 Turn to the facts of the offence

Provocation is the obvious point here

3 Turn to your own personal circumstances

Stable background

Full time work

No previous incidents

4 Express remorse

Also, make the point that the loss of reputation you will suffer from a conviction is a punishment in itself etc.

They will only give you a fine. That is why it is a pointless prosecution.

Expert:  Jo C. replied 1 year ago.

You don't mention the facts of the offence above. If you can give me that then I would probably be able to offer more.

Customer: replied 1 year ago.
I had a near miss with another driver and was pretty incensed, feeling the other driver was at fault - I parked up badly and said some harsh words but didn't realise a policeman was standing in earshot.
Expert:  Jo C. replied 1 year ago.

OK. That is not the worst S5.

You just make the point that there was provocation in the near miss etc.

Road rages are an aggravating feature to assault but not to S5.

It might be worth asking the prosecutor whether they would consider a fixed penalty fine to preserve your character. I certainly wouldn't have charged this.

Customer: replied 1 year ago.
Thank you Jo, that puts my mind at rest. I wasn't sure what to expect really and knowing how to put forward my side of things needing clarifying in my mind which you have now done. Thanks.
Expert:  Jo C. replied 1 year ago.

No problem. All the best.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I will do that now.
Expert:  Jo C. replied 1 year ago.

All the best.