The Procurator Fiscal is refusing to give me my witness statement

[thedaveformula]

I was due in court 12 January, and I attended, but the accused didn't turn up and it was postponed till 25 May.

I wrote a few weeks ago to the Procurator Fiscal asking for a copy of the statement I had given to the police at the time of the incident.

The reply is signed personally by the District Procurator Fiscal and reads:

"I can confirm that at present witnesses do not have a right of access to statements they have made to the Police. I must therefore refuse your request."

Now, is this guy trying to fob me off? I want to see my statement, they're my words, what about the freedom of information act, how is the crown office excempt?

[bednobs]

you can usually see it on the day of the trial, just before you give your evidence. Freedom of information act dosen't apply, because then ANYONE could apply to see your statement!.
As you made the statement, surely you know what you said?

[thedaveformula]

Bednobs I don't think Scottish courts give you a statement to read because I was in the witness room for about an hout waiting to go in to the court before the news came that the trial had been postponed due to the accused not attending.

Regarding why I want to see my statement, the situation is that I was absolutely steaming and can't remember what I told the police. So I don't want to go into the witness box and contradict myself - I want to see WHAT'S ON THE STATEMENT!

So this procurator fiscal guy what can I do to him, I surely must be able to see my words, it's my intellectual property.

[bednobs]

but it forms part of a crimnal case

[karenmac60]

Surely they don't allow you to see your statement so that you have to tell the truth of what happened. What does it matter what you told them at the time - unless you lied, then it should be what you witnessed.

[bednobs]

can you contacxt the officer in charge (or even the clerk of the court) to ask whether you will be able to see your staement before?

[thedaveformula]

@karenmac60 is that you in your picture?

[New Judge]

I believe the situation in Scotland is no different to that In England and Wales. A witness does not have the right of access to his statement. It becomes the property of the police when it is made and will not normally be disclosed to anybody other than the CPS (in Scotland the PF), the defendant or his legal representative.

On trial day witnesses are allowed to see their statements in order to refresh their memories. Giving evidence is not a test of memory and witnesses are often allowed to refer to their statements whilst they are giving evidence if they cannot recall salient points. Their statements and their verbal account together form their evidence.

You may not have been shown yours statement when you went to court if the prosecutor knew the defendant was absent and there was a strong possibility that the trial would not proceed.

In summary, the statement is not your property and you have no right to a copy. But rest assured that within the rules the prosecutor will help you provide the best evidence you can at the trial.

[karenmac60]

yes

[thedaveformula]

@karenmac60 Not bad at all. want to go to a wine bar in soho with me?

[New Judge]

So presumably you are no longer quite as concerned as you were about having a copy of your statement.

[thedaveformula]

@New Judge well what can i do man. i can't take on the crown, i don't even have any legal basis to do so from what i understand from your reply.

[karenmac60]

No thanks :)

[thedaveformula]

Fine, there're loads of redheads out there that are jumping at the chance....