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Giving A Statement?

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  • 21-02-2020 7:11pm
    #1
    zero_
    Registered Users Posts: 54 ✭✭


    Hi,

    I've been asked to make a statement in a Garda station regarding an alleged assault. I've never given statement before. Am I allowed to bring in a typed up document and write it down/read it out?

    Many thanks.


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    #2
    blackbox
    Registered Users Posts: 4,115 ✭✭✭blackbox


    zero_ wrote: »
    Hi,

    I've been asked to make a statement in a Garda station regarding an alleged assault. I've never given statement before. Am I allowed to bring in a typed up document and write it down/read it out?

    Many thanks.

    Guard is likely to ask some questions for clarification and will add answers to your statement before you sign.


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    #3
    zero_
    Registered Users Posts: 54 ✭✭zero_


    Thanks, but am I allowed bring notes to remind me of details in to the room when making the statement?


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    #4
    RobbieMD
    Registered Users Posts: 449 ✭✭RobbieMD


    zero_ wrote: »
    Hi,

    I've been asked to make a statement in a Garda station regarding an alleged assault. I've never given statement before. Am I allowed to bring in a typed up document and write it down/read it out?

    Many thanks.

    Are you a suspect for this assault or the victim/witness in it?


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    #5
    H.20v3
    Closed Accounts Posts: 58 ✭✭H.20v3


    Solicitor


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    #6
    zero_
    Registered Users Posts: 54 ✭✭zero_


    I've been asked for a statement as a witness. I just want to know if I can bring notes, as there is a lot of detail.


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    #7
    Atlantic Dawn
    Registered Users Posts: 81,218 ✭✭✭✭Atlantic Dawn
    M


    I would under no circumstances give a statement without a solicitor present, you could be digging a hole for yourself whether intended or not.


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    #8
    zero_
    Registered Users Posts: 54 ✭✭zero_


    OK thanks. what's the usual fee for a solicitor to accompany you to make a statement? Just ball park figure.


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    #9
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    Atlantic Dawn wrote: »
    I would under no circumstances give a statement without a solicitor present, you could be digging a hole for yourself whether intended or not.

    That's a bit of an over-reaction if the OP is only giving a witness statement. Statement can't be used in evidence against them unless they've been cautioned first


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    #10
    zero_
    Registered Users Posts: 54 ✭✭zero_


    k thanks for the advice. I'll book a solicitors appointment first, see what they say, and then go from there.

    Thanks for the helpful replies.


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    #11
    RobbieMD
    Registered Users Posts: 449 ✭✭RobbieMD


    zero_ wrote: »
    OK thanks. what's the usual fee for a solicitor to accompany you to make a statement? Just ball park figure.

    A solicitor isn’t going to get legal aid to accompany you to a garda station for a witness statement. Legal aid pay €100 plus vat for an ordinary station visit, expect similar if not more privately.

    If you are merely a witness, you’re not obligated to give the Gardaí a statement.


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    #12
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    zero_ wrote: »
    Thanks, but am I allowed bring notes to remind me of details in to the room when making the statement?

    As it's voluntary you can bring something that's prepared. You will be cautioned and it will be read out then you sign it BUT unless you know what statements look like, it will probable have holes that need filling.

    Statements take a certain format, not what you see on the TV.

    I can only speak for myself but innocent people generally don't bring prepared statements in my experience.


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    #13
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    Niner leprauchan wrote: »
    As it's voluntary you can bring something that's prepared. You will be cautioned and it will be read out then you sign it BUT unless you know what statements look like, it will probable have holes that need filling.

    Statements take a certain format, not what you see on the TV.

    I can only speak for myself but innocent people generally don't bring prepared statements in my experience.

    The OP won't be cautioned if they're only giving a witness statement of something they saw.

    They'll be cautioned if there's suspicion that they've committed an offence


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    #14
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    No need for a solicitor if you are a witness. The statement won't be cautioned, just the declaration re false statements. Yes you can bring a prepared statement / notes if you wish.


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    #15
    TallGlass2
    Registered Users Posts: 683 ✭✭✭TallGlass2


    CharlieCroker wrote: »
    The OP won't be cautioned if they're only giving a witness statement of something they saw.

    They'll be cautioned if there's suspicion that they've committed an offence

    They'll give a declaration not a caution. Not sure why you'd need a solicitor either?


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    #16
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


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

    Or words to that effect I'm a few beers in.


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    #17
    dartboardio
    Registered Users Posts: 2,436 ✭✭✭dartboardio


    yes you can bring notes in.. they don't search you etc as you're basically there on a voluntary basis. No need for a solicitor


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    #18
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    This is bizarre advice, solicitor to give a witness statement!!!!


    Op you go in, you tell them what you saw and heard that's it.....

    If you need notes not sure for what but yes you can bring them in if it helps you remember.

    You're not the one in trouble so don't be stressing.

    It's fairly straightforward and will only take long if you have lots to say and the Gaurd is a slow writer....

    You sign it at the bottom and that's it.


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    #19
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    As for the notes, there's no issue I don't think but they may have to be handed over to the defence as discoverable and also referred to in the statement as being referred to whilst giving the statement.


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    #20
    Sleeper12
    Registered Users Posts: 16,883 ✭✭✭✭Sleeper12


    Im not suggesting that you won't be honest but I wonder could a defence discredit your statement because it was prepared. Could it be argued that if telling the truth that you wouldn't need notes?


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    #21
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Atlantic Dawn wrote: »
    I would under no circumstances give a statement without a solicitor present, you could be digging a hole for yourself whether intended or not.

    There's absolutely no right to have a solicitor present during a statement and only a buffoon would pay one to sit in on a witness statement. It's not even cautioned!


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    #22
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    CharlieCroker wrote: »
    The OP won't be cautioned if they're only giving a witness statement of something they saw.

    They'll be cautioned if there's suspicion that they've committed an offence

    Yeah, that is wasn't in the op and didn't see the follow up. Presumed it was a cautioned statement. Never come across someone so nervous over a witness statement before.


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    #23
    drunkmonkey
    Registered Users Posts: 28,118 ✭✭✭✭drunkmonkey


    Are you prepared to be called as a witness multiple times to court and see who ever your implicating there.
    I'd thread carefully, talk to a solicitor or don't give a statement without knowing all the risks to yourself and family.
    There's no obligation to give a statement, you can make one to the court if your called as a witness.


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    #24
    coylemj
    Registered Users Posts: 25,339 ✭✭✭✭coylemj


    drunkmonkey wrote: »
    There's no obligation to give a statement, you can make one to the court if your called as a witness.

    In relatively minor District Court cases that is true but if the Gardai are looking for a written statement, it suggests this case could be headed to the Circuit Court so a book of evidence will be prepared. Meaning that they have to get written statements from all of the prospective witnesses who might be called in the trial.


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    #25
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    coylemj wrote: »
    In relatively minor District Court cases that is true but if the Gardai are looking for a written statement, it suggests this case could be headed to the Circuit Court so a book of evidence will be prepared. Meaning that they have to get written statements from all of the prospective witnesses who might be called in the trial.

    That still applies in the district Court. The guards needs a statement from all available witness to complete an investigation file to forward to their district officer who directs whether there's sufficient evidence to bring a prosecution. Those statements are then disclosed to the defence prior to any court hearing


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    #26
    Auguste Comte
    Registered Users Posts: 1,143 ✭✭✭Auguste Comte


    Sleeper12 wrote: »
    Im not suggesting that you won't be honest but I wonder could a defence discredit your statement because it was prepared. Could it be argued that if telling the truth that you wouldn't need notes?

    Would it not be considered the same as a Garda referring to their notebook?


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    #27
    coylemj
    Registered Users Posts: 25,339 ✭✭✭✭coylemj


    Sleeper12 wrote: »
    Im not suggesting that you won't be honest but I wonder could a defence discredit your statement because it was prepared. Could it be argued that if telling the truth that you wouldn't need notes?

    The opposite could apply in many cases. Many witnesses have difficulty recalling the exact sequence of events in relation to an assault or a traffic accident. Setting everything down on paper soon after the event could give you the edge in a court case in terms of credibility. Especially in front of a jury.

    You put the time and date on the statement and hang on to it. Then when the case comes to trial and you're in the witness box, tell the judge that you documented your recollection of the event soon after it happened and ask for permission to refer to it while giving your evidence. The other witnesses will be trying to remember something that happened a few months earlier, you will have a written account of the event prepared by you a matter of days or hours after it happened.


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    #28
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    Auguste Comte wrote: »
    Would it not be considered the same as a Garda referring to their notebook?

    There's case law in regards to "expert witnesses" and a Garda referring to their notebook or a doctor referring to their medical notes. That case law doesn't apply to Joe Public but it relates to referring to them in direct evidence in court, not when compiling the statement afaik


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    #29
    coylemj
    Registered Users Posts: 25,339 ✭✭✭✭coylemj


    CharlieCroker wrote: »
    That still applies in the district Court. The guards needs a statement from all available witness to complete an investigation file to forward to their district officer who directs whether there's sufficient evidence to bring a prosecution. Those statements are then disclosed to the defence prior to any court hearing

    So if there's a minor scuffle outside a pub on a Saturday night and someone is charged with a Section 2 (the lowest level) assault, the cops will take written statements from all of the witnesses? And then send a file to the Super?


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    #30
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    coylemj wrote: »
    So if there's a minor scuffle outside a pub on a Saturday night and someone is charged with a Section 2 (the lowest level) assault, the cops will take written statements from all of the witnesses? And then send a file to the Super?

    Yup

    Edit: there's no power for arrest for S2 Assault so in general, it'll proceed by summons and not charge.


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    #31
    drunkmonkey
    Registered Users Posts: 28,118 ✭✭✭✭drunkmonkey


    coylemj wrote: »
    So if there's a minor scuffle outside a pub on a Saturday night and someone is charged with a Section 2 (the lowest level) assault, the cops will take written statements from all of the witnesses? And then send a file to the Super?

    In Theory. Remember witnesses can appear after the book of evidence is served which the Guards might not have seen on the night, there rarely there when it kicks off.


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