Partner gives statement in wrong name

[northernsoul73]

Hi

My partner was on a night out with friends and was assaulted by one of her friends and gave a statement to the police, in the statement the name she gave used her hyphenated surname "Smith-Johnson" when her legal surname is "Smith" she took on the Johnson surname when her mother remarried. The defence solicitor is now trying to get the statement ruled as inadmissible due to it not be given in my partners real name and my question is can the solicitor do this and is it a problem with it being in the hyphenated surname?

[sara3]

the defence will try anything that might help their case, often they push their luck. does your partner have any ID to show that she uses that name?

[northernsoul73]

She has her driving licence in the hyphenated name but her passport shows only the single surname...

She also waited several weeks before deciding to make a statement - does that have any effect on the outcome?

[dh001]

Contact the police officer in charge of the investigation or the CPS case worker and declare the issue. Its not a major issue and as sara3 has highlighted, this is just the defence 'pushing their luck'

[jno]

the delay might, the name shouldn't do. A court will be interested in what your partner said, not whether she had a hyphen when she said it.

[sara3]

this isn't my area of expertise, I deal with fraud cases but I'd say that was a try-on by the defence. your partner should dig out as much ID as she can to substantiate the hyphenated name. I don't think that's an issue.

she will probably be asked in court why she delayed giving the statement, and should be prepared to be cross-examined. the defence will pick at anything they can. I'm sure that if it gets to trial, the delay in giving the statement will have no impact on the sentencing.

[northernsoul73]

Well she waited 10 weeks before giving a statement so I hope that does not effect the outcome..

[Buenchico]

Unlike in many other countries, there's no such thing as a 'legal' name in the UK. As long as they're not trying to defraud someone else, anyone is free to use any name at any time. For example, I could call myself Fred Smith on Monday mornings, Mary Jones on Monday afternoons and President Zee Zee the Third on Monday evenings (etc, etc, . . ). I could also lawfully sign any documents using those names.

Obviously, the 'authorities' like people to use an 'official' name (such as the one on their passport or driving licence) and they can, if they so choose, refuse to accept any other name as valid. (For example, that's what a bank would do).

However, as long as a witness can be satisfactorily identified from the name they've used on their statement (as your partner clearly can), that statement remains valid and any attempt to get it ruled as inadmissible in a court of law seems to be doomed to failure.

Chris