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Retraction of statements

  • 25-03-2006 10:26am
    #1
    Mr Burns
    Closed Accounts Posts: 119 ✭✭


    I have heard that people can retract statements made to the Gardai.

    If a person went to trial, can the fact the statement was made and retracted be entered as evidence. Can the contents of a retracted statement be mentioned?


Comments

  • #2
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Mr Burns wrote:
    I have heard that people can retract statements made to the Gardai.

    If a person went to trial, can the fact the statement was made and retracted be entered as evidence. Can the contents of a retracted statement be mentioned?

    We can refer to anything you said in our evidence such as telling the court that you replied "Yes" when I asked if you were guilty.

    Suspects would normally be arrested and questioned even if they gave a statement voluntarily so we can still use what was said. Remember we can tell the court what was said once it was under caution and in interviews theres video evidence as well.

    withdrawing a statement in reality usually means going not guilty despite admitting it earlier.


  • #3
    samslade
    Closed Accounts Posts: 28 ✭samslade


    sorry for dragging up an old thread, but the law regarding this has changed since the original post, so I thought a comment could be of interest. Up until recently, retracted statements by witnesses were not admissible in court. The law change means that now retracted statements by witnesses can be used as evidence. I guess this is because of the possibility of witnesses being intimidated into withdrawing statements.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes, that is correct. Hearsay is allowed under the 2006 Criminal Justice Act. This is referred to as a Keane trial admission of a witness statement that is later repudiated by the maker of the statement. Its Part 3, Sections 16 and 17.

    Section 30 of the 2007 act inserts 19A into the 1984 act in re. silence and failure to mention certain matters etc.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,648 ✭✭✭✭Victor


    I thought that in some cases where statements were withdrawn that the prosecution tried to use them anyway by using them as the basis for examining the witness.

    What in legal terms is a 'hostile witness' - how are they treated differently by the court?


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Victor wrote: »
    I thought that in some cases where statements were withdrawn that the prosecution tried to use them anyway by using them as the basis for examining the witness.

    What in legal terms is a 'hostile witness' - how are they treated differently by the court?

    A hostile witness is one who is not willing to give oral evidence in court or who gives oral evidence materially inconsistent with their statements. If ruled a hostile witness they can be cross examined by the person who called them (i.e. asked leading questions, inconsistencies can be put to them etc).

    Under s.16, if a witness falls into that category (i.e. they can't remember, are afraid etc) the statement can be read out as evidence.


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