Amending/changing a Garda witness statement

okioffice84 · 21-12-2011 07:30PM #1

Hi all- I made a witness statement to the guards last week which basically involved the garda writing out the statement asking me was that what basically happened- I made some small changes and signed off on it.

Since then things have come back to me (incident was almost a year ago) and I'm not entirely happy with what's in the statement. In my opinion the detail in the statement is actually more than I remember of the incident.

My Q is are there any legal issues for me personally if I were to ask to amend my statement?

tinkerbell · 21-12-2011 07:51PM

I don't understand your post - you said some things have come back to you, yet your statement is more than you remember? How could your statement be more detailed than your memory in the first place?

MagicSean · 21-12-2011 07:57PM

You can make an additional statement but not ammend your original.

cursai · 21-12-2011 07:58PM

You could withdraw it and make a new one if its nothing suspicious. Or preferably you can make an additional statement. But if it turns out your altering it to save a third party or yourself. You've made a declaration that what you've stated is true.
Usually when someone does something like this its because they've made amends with the offender in which case that person should just come clean with the guard and stop wasting their time.

detective · 21-12-2011 09:33PM

cursai wrote: »

You could withdraw it

No you cannot. Once a statement is signed it no longer belongs to you... it's the DPP's statement.

okioffice84 · 21-12-2011 09:47PM

tinkerbell wrote: »

I don't understand your post - you said some things have come back to you, yet your statement is more than you remember? How could your statement be more detailed than your memory in the first place?

The garda basically wrote out the statement and asked me was that all ok (I'm pretty sure this is a common practice as I've seen it done before- its obviously not best practice)...at the time I thought it was pretty accurate but now I think back on the event there are little things the garda put into the statement that did not happen.

I couldn't remember the event accurately at the time as the garda called down to my workplace to get the statement without notice- had I had a little notice of him coming down I would have had a better recollection.

cursai · 21-12-2011 11:53PM

detective wrote: »

No you cannot. Once a statement is signed it no longer belongs to you... it's the DPP's statement.

Sorry make a withdrawn statement and withdraw the allegation. Jeez

Zambia · 22-12-2011 12:40AM

Withdrawing a statement is not changing one. From what the OP says it appears the first Statement may not be true. That should be addressed by the OP with the Garda investigating the case. chances are the detail he is concerned about is of little importance. If it is something of great importance best its addressed Now than on the stand.

cursai · 22-12-2011 01:36AM

Zambia wrote: »

Withdrawing a statement is not changing one. From what the OP says it appears the first Statement may not be true. That should be addressed by the OP with the Garda investigating the case. chances are the detail he is concerned about is of little importance. If it is something of great importance best its addressed Now than on the stand.

...just ask the Garda to shred it do it again.(thats real life advice) The DPP doesn't own any statement either if he did half the gardai in the country would be done for criminal damage.
The op obviously feels he was led slightly which shouldn't happen.
But a witness statement cant be altered in its present form and a new statement or an additional statement would have to be made. The Garda should he absolutely no problem with this.

ResearchWill · 22-12-2011 01:53AM

detective wrote: »

No you cannot. Once a statement is signed it no longer belongs to you... it's the DPP's statement.

Can you point to the law that says that.

Of you wish o withdraw a statement that is made in relation to a summary offence that is not really a problem. In relation to a indifference tried by jury that may be different. Get legal advice,

Zambia · 22-12-2011 02:42AM

cursai wrote: »

...just ask the Garda to shred it do it again.(thats real life advice) The DPP doesn't own any statement either if he did half the gardai in the country would be done for criminal damage.
The op obviously feels he was led slightly which shouldn't happen.
But a witness statement cant be altered in its present form and a new statement or an additional statement would have to be made. The Garda should he absolutely no problem with this.

That could well be an option however not knowing the content of the first statement or the proposed changes or the offence its a big call to say the Garda will happily shred it.

Researchwill is correct in saying legal advice should be sought as I would imagine lying on a statement is not without consequences. (note not saying the OP lied but if something was not true it may be construed so)

I think in detectives Defence he meant the statement is now a piece of evidence for the DPP you cant just take it back.

In relation to being led the OP stated he made changes after the statement was written prior to signing. If something was on the statement that was not true that would have been the time to say so. That said I was not there so by all means he could have been.

Victor · 22-12-2011 05:45AM

If the difference is down to opinion v fact, clarification of an ambiguity or nuance, then it should be changed and there shouldn't be a real problem.

If the difference is down to a the incorrect statement of face (false recollection, confusion with other facts, etc.), it may be important for the witness to clarify things. In a serious situation, the witness would be well advised to consult their own solicitor. A collapse of a trial and/or a conviction for perjury isn't good.

Tell the truth, not what is most convenient for one party or another.

Carawaystick · 23-12-2011 02:04AM

Zambia wrote: »

Researchwill is correct in saying legal advice should be sought as I would imagine lying on a statement is not without consequences.

'tis hardly lying, considering willie OD, forgot what he said til he heard a recording of himself, and that wasn't lying.....

Zambia · 23-12-2011 02:21AM

Did he put the lie on a Statement?

Victor · 23-12-2011 03:57AM

Zambia wrote: »

Did he put the lie on a Statement?

Sworn affidavit if I remember correctly. Humble pie was eaten.

Zambia · 23-12-2011 04:09AM

Poor form

detective · 24-12-2011 07:18PM

ResearchWill wrote: »

detective wrote: »

No you cannot. Once a statement is signed it no longer belongs to you... it's the DPP's statement.

Can you point to the law that says that.

Of you wish o withdraw a statement that is made in relation to a summary offence that is not really a problem. In relation to a indifference tried by jury that may be different. Get legal advice,

The statement cannot just disappear. It is always there. You could make a statement stating you lied about the complaint which could have obvious repercussions.

Once a statement is made you can be called as a witness. Once you're called as a witness then you will offer evidence.

Can you point to the law that states you can withdraw it?

detective · 24-12-2011 07:23PM

Zambia wrote: »

I think in detectives Defence he meant the statement is now a piece of evidence for the DPP you cant just take it back.

Exactly. Don't think people realize the implications of signing these things!! I have called numerous unwilling witnesses even at district court level.

ResearchWill · 24-12-2011 07:54PM

detective wrote: »

The statement cannot just disappear. It is always there. You could make a statement stating you lied about the complaint which could have obvious repercussions.

Once a statement is made you can be called as a witness. Once you're called as a witness then you will offer evidence.

Can you point to the law that states you can withdraw it?

I never said it could not be withdrawn, I was asking about what law says it belongs to the DPP.

In any summary case you can say you remember nothing, while of course on indictment your statement can be read to the jury in certain circumstances.

detective · 25-12-2011 11:27AM

ResearchWill wrote: »

In any summary case you can say you remember nothing, while of course on indictment your statement can be read to the jury in certain circumstances.

Section 21 CJA 1984 doesn't just apply to indictments as far as I know.

Of course you can say you remember nothing... providing you are being truthful and and you actually don't remember. Otherwise it's perjury.

ResearchWill · 25-12-2011 05:33PM

detective wrote: »

Section 21 CJA 1984 doesn't just apply to indictments as far as I know.

Of course you can say you remember nothing... providing you are being truthful and and you actually don't remember. Otherwise it's perjury.

Section 21 can be objected to by the defence. I was talking about section 16 CJA 2006, which only refers to matters being sent forward to trial.

Hugh cookie · 23-05-2012 07:12PM

detective wrote: »

No you cannot. Once a statement is signed it no longer belongs to you... it's the DPP's statement.

That is untrue if you make a statement you can get a copy of it.

Break The Silence · 23-05-2012 07:55PM

As far as I know once you make a statement you can add to it (if anything pops into your head afterwards) but cannot take away from it.

Regarding who owns it I believe it is the DPP because it is usually a Garda who writes it out, reads it back to you and then you sign it.

Hugh cookie · 23-05-2012 09:44PM

I Have my Statement at hand, Its mine its only given to the DPP Via the Garda with my consent otherwise why would I need to sign it.

MagicSean · 23-05-2012 10:06PM

Hugh cookie wrote: »

I Have my Statement at hand, Its mine its only given to the DPP Via the Garda with my consent otherwise why would I need to sign it.

what are you talking about?

Hugh cookie · 23-05-2012 10:33PM

MagicSean wrote: »

what are you talking about?

Originally Posted by detective
No you cannot. Once a statement is signed it no longer belongs to you... it's the DPP's statement.

Amending/changing a Garda witness statement

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