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5 Part Statement Structure

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Presentation on theme: "5 Part Statement Structure"— Presentation transcript:

1 5 Part Statement Structure
Aims To introduce students to Statement Writing. Objectives Explain the difference between Direct and Hearsay Evidence. Explain the meaning of the MCA Declaration . Describe the components that make up a statement. Outline the characteristics that should be included when describing people. Outline the procedure when Identifying exhibits. State the elements contained in the mneumonic ADVOKATE.

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3 What is a witness? A person who can give evidence of what they perceived through their own senses Direct Evidence Hearsay Evidence DIRECT EVIDENCE - e.g. saw an assault, heard a loud noise, felt a blow to the back of the head HEARDSAY EVIDENCE - someone told me they saw an assault, someone told me they heard a loud noise…….. Okay, so where do we record this information??…………... (Move to next slide)

4 Recording witness information
Pocket Notebook - 1st account / 1st descriptions Written Statement (MG 11)

5 5 Part Statement Structure
Introduction Scene Setting What Happened Descriptions ADVOKATE

6 Why is this statement being made?
Introduction INTRODUCTION - Briefly outline why the statement is being made. E.g. ‘this statement is being made in relation to the assault on Jo Smith’. Only include occupations and qualifications if relevant to why the witness is giving the statement. E.g., doctor (Due to medical qualifications) PCSO (only designated in a given locality!) Why is this statement being made?

7 Scene Setting People (not suspects) Places Who were you with?
Who else was involved? How do you know them? Places Where did it happen? If more than one place, how do they relate to one another? It is important to mention that at this stage we need to identify people, build them into the picture and locate them in their individual places. Then we need to explain how those individuals connect together prior to expanding into What Happened PEOPLE - identify the people the witness will be speaking about Who else was there, what was their relationship to you (friend, brother, sister etc) ? PLACES - describe the places that will be mentioned (and how they relate to each other, if more than one). Warning - pub names change, so relate it to something else - e.g. On Westgate directly opposite the end of Cheapside…... The picture is of ‘Exclusive’ 57 Westgate, Wakefield (formerly The Exchange Bar’)

8 What Happened Main body of the statement……..
A detailed evidential account……. Pause after first mouse click………... WHAT HAPPENED - This is the main body of the statement and should be a detailed chronology of the incident. It is imperative that the evidential account can assist in proving elements of the offence, either in full or in part. Persons should be described briefly using unique references which are maintained throughout this section. They will go on to be described in fuller detail later. For example. “A man in a red jumper” who I will describe later..

9 Descriptions Suspects (and witnesses) Property Exhibits
Witnesses and others should be described so that they can be differentiated in different statements. Cover the description in detail. A police officer description should ideally contain at least the above (10) points, but when obtaining a witness description the bulk of the description should be obtained during a free recall- then use careful questioning to cover other basic information – And yes, it’s valid even if you know the person………….

10 Obtaining a description from someone else
First description must be recorded Avoid leading questions Avoid stereotypical words PACE requires that the first description of an individual is recorded, even if it subsequently differs slightly from the true description, and as such the first description has to be released to the defence under disclosure. Consequently that first description is very important. When obtaining this description, it is important that leading questions are not asked – you may inadvertently be putting words into the witness’s mouth. Stereotypical words such as ‘hippy’ or ‘skinhead’ should be avoided, as should descriptions such as ‘she looked like a secretary’, and emphasis placed on the reasons why these terms were raised – e.g. ‘skinhead’ would suggest the person had short cropped hair, so use that instead.

11 ADVOKATE A D V O K T E mount of time under observation
istance from incident / persons isibility bscured view? nown to you? ny reason to remember? ime elapsed since incident and identification rrors or material discrepancies It is necessary to mention that it is a requirement in law that ADVOKATE ( R v Turnbull 1976) should be covered with witnesses. On a practical note - If an I.D. Officer has to decide whether or not a witness is suitable to undergo identification procedures they will need to know how that witnesses evidence measures up to R v Turnbull NB. Errors - is there any difference in the 1st description given to police?

12 5 Part Statement Structure
Introduction Scene Setting What Happened? Description ADVOKATE It needs to be mentioned that effective statement taking can only be achieved by thorough questioning of the witness by the person taking the statement, using TED and 5WH.

13 5 Part Statement Structure
Aims To introduce students to Statement Writing. Objectives Explain the difference between Direct and Hearsay Evidence. Explain the meaning of the MCA Declaration . Describe the components that make up a statement. Outline the characteristics that should be included when describing people. Outline the procedure when Identifying exhibits. State the elements contained in the mneumonic ADVOKATE.


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