How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4043
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

If a witness gives a police statement, then in civil

Customer Question

Hello! If a witness gives a police statement, then in civil proceedings claims that the witness statement was changed by police and she simply skim read it before signing... is that a valid reason for the statement given in the hearing to be considerably different..?
Submitted: 18 days ago.
Category: Law
Expert:  Nicola-mod replied 17 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Jamie-Law replied 17 days ago.

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

Why are the Police taking a statement in civil proceedings?

Customer: replied 17 days ago.
It was originally a matter that was reported to the police
Expert:  Jamie-Law replied 17 days ago.

Ok - so why is the statement being used in civil proceedings?

Customer: replied 17 days ago.
It was used in an nmc hearing
Expert:  Jamie-Law replied 17 days ago.

Ok - is it a valid statement - yes.

That is because the person signing it confirms that the contents are true to the best of their knowledge and belief.

If they were not, it should not have been signed.

That person can then be undermined in terms of credibility of what they have agreed to, turns out not to be true or inaccurate.

Can I clarify anything for you about this today please?

Customer: replied 17 days ago.
Her credibility was not challenged due to this...
Expert:  Jamie-Law replied 17 days ago.

It could have been, but that is down to the Tribunal panel and representation received.

Does that clarify?

Customer: replied 17 days ago.
her stating the police officer changed what she said and she simply skim read it is a good enough reason & her credibility should not have been challenged nor clarification sought on whether what she said was accurate
Expert:  Jamie-Law replied 17 days ago.

Correct. If her story has now changed.
Does that clarify?

Customer: replied 17 days ago.
Not really... I was under the belief that a police statement was a legal document as it is given under a statement of truth... so to then say it was changed whilst under oath should surely make you not credible
Expert:  Jamie-Law replied 17 days ago.

It does. That is exactly what I said 10.38pm.

It comes down to credibility as an issue

Does that clarify?

Expert:  Jamie-Law replied 17 days ago.

But then the Tribunal then decides how much weight to give that witness. It is a matter for them how much weight, if any, is attached to that evidence and the explanation given.

Customer: replied 17 days ago.
Is the explanation that they found her more credible than me a good enough reason?
Expert:  Jamie-Law replied 17 days ago.

It could be - its a matter for the Tribunal deciding.
Does that clarify?

Customer: replied 17 days ago.
purely opinion...?
Expert:  Jamie-Law replied 17 days ago.

Exactly. But that is how most disputes are resolved - a matter of discretion by the Tribunal or Court.

Does that clarify?

Customer: replied 17 days ago.
in a case where it is one word against another, where one witness is clearly changing a statement of truth whilst under oath... the tribunal will not challenge her credibility
Expert:  Jamie-Law replied 17 days ago.

The Tribunal wont - that is for representation.

The Tribunal simply come to a view based on the way the witness presents themself

Does that clarify?

Customer: replied 17 days ago.
As if you have given a statement of truth and then change your story whilst under oath... that amounts to purgery
Expert:  Jamie-Law replied 17 days ago.

Not necessarily - witnesses change their mind all the time. That does not amount automatically to perjury.

Its only where they have purposely lied COULD it amount to that.

When people go to Court, one side loses, both cant be right. So does that mean one side is lying - no.

But again its for the Tribunal to decide on that

Does that clarify?

Customer: replied 17 days ago.
Expert:  Jamie-Law replied 17 days ago.

So?

Customer: replied 17 days ago.
I was found no case to answer at an internal disciplinary investigation.... nfa by the cps... but then the nmc can find facts proved..?
Expert:  Jamie-Law replied 17 days ago.

They can. But you can appeal that decision or get it reviewed by the High Court.

There is always an avenue of appeal

Does that clarify?

Customer: replied 17 days ago.
The only way to appeal is through the high court
Expert:  Jamie-Law replied 17 days ago.

By Judicial Review generally, unless there is a right to appeal NMC

Does that clarify?

Expert:  Jamie-Law replied 17 days ago.

see: https://www.nmc.org.uk/concerns-nurses-midwives/information-under-investigation/appeals/

Can I clarify anything else for you?

Expert:  Jamie-Law replied 17 days ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Expert:  Jamie-Law replied 12 days ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! Thank you.

Please bookmark my profile if you wish for future help.

Related Law Questions