Why do victims need to sign the statement

DonKnow

Why do victims need to sign their statements?

the_syco

I'm assuming to state that they stand by their statement?

smurfyirl

Because they are making a statement of complaint. There is astandard witness deceleration typed at the top of garda statements.

I hereby declare that this statement is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I will be liable to prosecution if I state in it anything which I know to be false or do not believe to be true.

So you can be prosecuted if you lie in a witness or injured party statement.

Suspects get a cautioned statement which is a little different. It's you are not obliged to say anything unless you wish to do so, but anything you do say will be taken down in writing and maybe given in evidence.

smurfyirl

Basically a preliminary investigation may go ahead. But if you refuse to sign the statement then there is in effect no statement of complaint so there won't be a prosecution.

The statement may not be taken there and then. Could be a few days later. But if you flat out refused to make one, that's different and nobody will waste the time and resources to investigate as it can't go to court.

smurfyirl

It won't be. If you didn't sign it it's not a valid statement and will be discarded as it has no legal use whatsoever. The incident will probably be classified as attention and complaints which is a catch all category just to log it and nothing will be done.

Usually I'd get the person to put in something like I am making this statement just to have the matter noted but do not wish to make a formal complaint at this time and then sign that. That would cover it and make it an actual statement.

In a case where you won't even sign the above, I'd honestly question why you would even call the guards to be fair.

smurfyirl

If you didn't sign it, legally it isn't a statement.

pwurple

DonKnow wrote: »

Nope I didn't sign it, so it isn't kept on file and the suspect won't be investigated or prosecuted, I'm happy with that, hopefully they learnt a lesson.

You hope who learnt a lesson? The gardai whose time you wasted?

DonKnow

Thank you for your answers smurfyirl, you've been really helpful.

Victor

DonKnow wrote: »

Why do victims need to sign their statements?

Because the statement could result Garda time and money being expended and ultimately in someone going to prison. These things shouldn't happen at a whim.