Witness Statements From Young People.

[no_way_jose]

Good afternoon everyone,

If a 14 year old boy was to give a witness statement, how quickly after the crime should it be taken before it becomes unreliable?

Thanks!

[mackfender]

As soon as possible, certainly the same day.

[New Judge]

There are no rules or guidance to suggest how unreliable a witness statement becomes simply by the passage of time. Few witness statements are taken on the same day as the incident occurs and many are taken quite a time afterwards.

If the statement is used as evidence in its own right or as the basis for verbal evidence if the written statement cannot be agreed it will be for the court to decide how reliable its contents are. To do this many factors will be taken into account including, but not solely, how contemporaneous the statement was.

[New Judge]

And I assume our question relates to the same incident you described in this one:

http://www.theanswerbank.co.uk/Law/Criminal/Question1284903.html

[no_way_jose]

Thanks New Judge. Could you please explain regarding agreeing the statements please? Thanks again.

[FredPuli43]

A formal witness statement can be put in , as though the witness was present in court, if the parties agree. It is as good as any other evidence. It is just that the defence have no questions to ask of the person who made it and they accept it as true. There is no point in wasting the person's time in making them come to court for the trial, if that is the case.

All other statements, if relevant, are made by witnesses who will attend the trial and give live evidence. When the statement was made goes to how accurate the person's recollection is. It is common for the defence to put the statement to the witness, to show that what they are now saying in court differs from it or that what they can now not recall was recalled by them in the statement. The nearer the statement was to the events, the more accurate it is likely to be.