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I bought something from an online 2nd hand electrical shop a few months ago and have been contacted by the police who've informed me it was stolen from a shop with alot of other goods.
The officer I spoke to took some details and said basically I will probably be able to keep it but I have to hold onto it until the court case is finished. He then said I'd have to sign a form and he'd post it to me.
So the form arrived today and it's actually a witness statement. I've got no issue with anything he's said or signing the statement but there's a sentence saying 'I am willing to attend court if necessary ' which I never said on the phone.
Now I live in the lakes and this case is right down south so I don't really want to attend court as its a long way to travel.
Can I just cross this sentence out and sign my alteration?
Thanks
Edited to remove a few details
IANAL: Yes, but they probably won't see it and you'll get called anyway (if accused pleads not guilty) and have the hassle of explaining/getting out of it
Also you can probably ignore it but he'll chase you.
It's your statement you can delete bits you do not agree with or want in, I would never include anything someone was unsure about in a statement. TBH the willing to attend court phrase is a bit off a police " pro forma" phrase which they always seem to stick in. If the statement you do make is served the defence may want you to attend and a judge could compel you to attend. BUt It may be your statement adds nothing to the case and there is little point in the defence calling you, I would suggest you speak to the officer and explain your issue, I would also say sometimes we all have to do things which are a bit of a pain and if you can help convict someone who has robbed another perhaps it's worth risking a trip down south ( which you will be reimbursed for).
Sorry bit disjointed too much IPA
I think they usually just beat you into signing the statement they wrote for you.
If you don't send the witness statement then it's [b]more[/b] likely you'll be called to court and if you score out that bit it'll not matter as they can call you to attend anyway.
It's highly ulkikely you'll be called if you don't submit a statement as the prosecution would have no idea what you'd say in the box and you could be an evidential hand grenade. Speak to th officer find out what the score is.
Thanks for all replies. I'll cross it out but if justice hangs in my hands then I'll attend if necessary
I'm guessing (hoping) there's more chance the 2nd hand shop staff who bought the stolen item in off the guy they've arrested will be called than me.
Edit, actually I'll just try ring this police officer on Monday and have a chat with him before I do anything. I've lost the bit of paper I wrote his number on though. I've got his ID number and county force he works in but no idea which station. Who do i ring to find out, just the HQ for that county?
As a PC, I'd say don't cross it out - just call the PC who sent it and ask them to send another one without that line in.
Having the statement with that bit crossed out will just draw attention to it
And yes, 101 - ask for the county - then just be asked to be put through to collar number whatever - you will most likely get a voice mail, and just leave a message
My mate observed a heinous beating to some youths outside of his house a few years ago. Proper job too, van screeched to a halt next to the teenagers, blokes in balaclavas jumped out and beat them to a pulp with bars etc.
He called the Police and went out and gave first aid after the van left. Police turned up, took a statement and he told them he wouldn't go to court being as it was right outside his house and he'd got young kids and a highly strung wife. They got him to sign the statement (he was still pretty freaked out ). Long story short he got summonsed, told the Police he wouldn't be attending so after much aggravation on the day of the case he was collected by the Police and taken to court. His exact words to the barrister after explaining how he'd been conned into signing the statement, were "put me in the stand and I will FxxK your case up".
They didn't call him to the stand in the end but he had a good 8 months of stress.
What on earth did you witness that might be of any use? That it was a shop and had staff?
Didn't even witness that, I bought it from their website!
As a PC, I'd say don't cross it out - just call the PC who sent it and ask them to send another one without that line in.
Having the statement with that bit crossed out will just draw attention to it
This.
Also, the CPS are very demanding when it comes to witness statements; it is my suspicion that they make unreasonable demands to the Officer In the Case (OIC) and then discontinue because this poor beleaguered cop can't get the extra statements the reviewing lawyer demands. many of which are either irrelevant, merely corroborative, or barely contain any evidence.
I play for the other team sign the statement as is . You have stated you are willing to go if justice depends on it .There is no way on gods earth I could justify not agreeing your evidence on the scenario you describe so you will not be called . your statement will be read out as a mater of formality .
The first hearing in both magistrate's and crown court is a administrative one with none of the witnesses where we hammer out the issues and witnesses required if you ask for one to come rather than be read as the statement you have to explain why ie we actively dispute the truth of the statement or we say they know stuff not in the statement. I can't see how what you can say fits in either category.