What should be in a statement?

Victor

I think a lot of people who could make a statement tot he Garda end up not doing so, due to the logistics and garda time involved. Giving a hand written statement takes up both the witnesses and garda's time.

If someone was a witness to an event, what should they write down and how should it be written?

kerry4sam

Victor wrote: »

I think a lot of people who could make a statement tot he Garda end up not doing so, due to the logistics and garda time involved.

Giving a hand written statement takes up both the witnesses and garda's time.

If someone was a witness to an event, what should they write down and how should it be written?

I would say: As with any formal statement, location / date / time / people present who witnessed & arrived after / lead up to incident / actual incident / once over, what happened before a guard arrived.

A witness would still have to meet the Garda in question and receive the witness statement printed & dated by the guard and will then have to sign it and keep a copy for themselves in the event that they're required as witness in court.

I think if people chose not to give statements, it is mainly down to themselves not willing to give up their own time for either the time it takes to formally give the statement and time possibly then for a court-appearance. I don't think people see it as wasting garda time as such. It is more like wasting their own time!

I would like to see some poll results though as to how many people would volunteer information if they witness something they possibly shouldn't or wish they didn't see. I would say that would be an interesting poll-result if people answered honestly.

da__flash

Victor wrote: »

If someone was a witness to an event, what should they write down and how should it be written?

the truth :cool:

Delancey

What / Who / When / Where / How / Why / Which - as applicable

shakin

what they know and not what they think?

Maybe someone from legal could confirm but you probably can't because the oath would need to be given. And most people would put hearsay into their own statement.

bravestar

Victor wrote: »

I think a lot of people who could make a statement tot he Garda end up not doing so, due to the logistics and garda time involved. Giving a hand written statement takes up both the witnesses and garda's time.

If someone was a witness to an event, what should they write down and how should it be written?

In my experience it has nothing to do with time or logistics, it is because they are afraid to as they do not want to become a target. If they are going to give a statement, then go in and give it to the Gardai, dont waste your own time or the Garda's time with a homebrew one. Gardai are trained to take statement. You are not.

foreign wrote: »

Maybe someone from legal could confirm but you probably can't because the oath would need to be given. And most people would put hearsay into their own statement.

The oath is for giving evidence in court. Statutory declaration is what you were thinking of Yes a person can arrive with their own pre done statement, add in the declaration, sign, witness and thats that.

But Foreign is dead right, most people would put hearsay, irrelivant, leave out relivant bits of information. If your going to do something, do it right and let the Gardai handle the statement taking.

meathstevie

foreign wrote: »

Maybe someone from legal could confirm but you probably can't because the oath would need to be given. And most people would put hearsay into their own statement.

I'm aware of the general hearsay rules re. statements but in my personal opinion I'd say put it in anyway and let the court choose to ignore it.

The rules re. hearsay are not cast in stone anyway.

For example someone coming into the station telling you they heard some old dear in the local Centra tell some other person that wee Johnny has stolen a football is completely useless.

On the other hand a witness in a manslaughter/murder case making a statement to the effect that he heard Joe Bloggs saying he was going to get Jimmy Soandso at kicking out time at the local boozer on the night Jimmy Soandso was kicked to death in a lane near a pub in Anytown might have just given the local Gardai or Police the leverage they need to arrest and interview a suspect. Now tie that in with two statements from other people in the pub that night who were told more or less the same by friends of theirs who were there on the night as well. Pure hearsay indeed but I'd be surprised if it's not going to be given some consideration.

Delancey

Aren't there special rules about Hearsay in cases of sexual assault ? E.g. woman says to her friend'' Paddy X raped me '' then the friends statement can mention that ' hearsay '. Am I correct ?

bravestar

delancey42 wrote: »

Aren't there special rules about Hearsay in cases of sexual assault ? E.g. woman says to her friend'' Paddy X raped me '' then the friends statement can mention that ' hearsay '. Am I correct ?

It would not be hearsay if the friend said in her statment that "Miss Y told me she had been raped by paddy X". It would be hearsay if the friend said in her statement "Miss Y was raped by Paddy X".

bravestar

meathstevie wrote: »

I'm aware of the general hearsay rules re. statements but in my personal opinion I'd say put it in anyway and let the court choose to ignore it.

The rules re. hearsay are not cast in stone anyway.

For example someone coming into the station telling you they heard some old dear in the local Centra tell some other person that wee Johnny has stolen a football is completely useless.

On the other hand a witness in a manslaughter/murder case making a statement to the effect that he heard Joe Bloggs saying he was going to get Jimmy Soandso at kicking out time at the local boozer on the night Jimmy Soandso was kicked to death in a lane near a pub in Anytown might have just given the local Gardai or Police the leverage they need to arrest and interview a suspect. Now tie that in with two statements from other people in the pub that night who were told more or less the same by friends of theirs who were there on the night as well. Pure hearsay indeed but I'd be surprised if it's not going to be given some consideration.

Your murder example is flawed as the person giving the statement heard someone say they were going to ... They themseleves heard it, they are giving evidence as to what they heard not as to what occured later. Therefore it is not hearsay. They witnessed someone saying something.

meathstevie

Sorry, should have made the last bit that refers to people having been told that certain things had been said a bit clearer.

emptyshed

Statement needs to be taken by a Garda, format and language are essential for a chance at a successfull prosecution. Garda also needs to be able to give evidence that he/she took statement.
A suitably experienced Garda will know what points to clarify, expand upon etc.

Eru

bravestar wrote: »

Yes a person can arrive with their own pre done statement, add in the declaration, sign, witness and thats that.

I would expect the DPP or a Judge to have one serious **** attack if they found out you were taking premade statements from people.

Thats like throwing a caution in after a suspect spills their guts :eek:

Eru

Eru wrote: »

I would expect the DPP or a Judge to have one serious **** attack if they found out you were taking premade statements from people.

Thats like throwing a caution in after a suspect spills their guts :eek:

You can take a prepared statement. I had to take a cautioned statement in an assault and the S/O made it to their solicitor. I just had to write the caution on the statement and read it back over to them and get them to sign it.