Witness Statement

NKearney50

Under Irish Law are you obligated to give a witness statement or can you refuse?

Are the police under any obligation to tell you fully/exactly what the nature of their enquiry is before you consent to giving a witness statement?

Would it be proper procedure to seek advice of a solicitor before giving one?

Thanks in advance.

Tom Young

It might be. Depends on what you've witnessed (material or not). If the matter is a serious matter then in the interests of justice and safety you should give a statement.

detective

NKearney50 wrote: »

1. Under Irish Law are you obligated to give a witness statement or can you refuse?

2. Are the police under any obligation to tell you fully/exactly what the nature of their enquiry is before you consent to giving a witness statement?

3. Would it be proper procedure to seek advice of a solicitor before giving one?

Thanks in advance.

1. You can refuse but depending on what the enquiry is you may be prosecuted for withholding information if the offence was a serious threat to life/property under offences against the state act. however, im not sure if you have to give a statement. many people inform the gardai of things but refuse to give it in writing. can they be prosecuted for withholding info if they give it verbally?

2. no, not at all. but they generally do anyway.

3. jesus no. you generally can not be prosecuted for anything you say in a witness statement. section 21 cja 1984 refers.

just remember, the police are only working on behalf of the people and in the common interests of society. it shouldn't be the guards against the world!!

WildOscar

NKearney50 wrote: »

Would it be proper procedure to seek advice of a solicitor before giving one?

I would contact a solicitor before giving one

Bosco boy

In the vast majority of cases you wouldn't need to consult a solicitor, unless you have money to throw about!

Reloc8

detective wrote: »

3. jesus no. you generally can not be prosecuted for anything you say in a witness statement. section 21 cja 1984 refers.

Bit curious as to your take on this. Section 21 allows for certain matters to be proven in court just by proffering the witness statement taken which refer - usually agreed by prosecution and defence for 'run of the mill' stuff or in any event stuff not in dispute.

Section 21(11) specifically states that where a statement is tendered and the person making it says anything false or which they did not believe was true they have committed an offence.

As is the case in respect of all statements, you can't be prosecuted for making one, presuming what you say is true, or at least that you believe it to be true.

Edit : I think on the basis that people don't generally lie in a witness statement what you said is correct on a second reading (I just don't presume that ) but I don't see how Section 21 is engaged.

source

Every person making a witness statement is read a declaration which they must agree to, this outlines that everything they say in the statement is true or believed to be true, and if it is false then they may be prosecuted.

If you have the money to spend on a solicitor then by all means knock yourself out. But the solicitor will inform you of the above and tell you to be truthful. Exactly the same as the Garda taking the statement will.

The only time you need a solicitor during an encounter with An Garda Siochana, is if you're suspected of an offence. Any other engagement of a solicitor in my view is a waste of money, so the person feels better about hearing the declaration from a man in a suit instead, of a man in a uniform.

NKearney50

Many thanks for all the replies.

It is important to understand and to get some knowledge of what something is before getting into it!