Changing Witness Statement

[km123]

Hi,

My boyfriend has been charged with one count of public nuisance and 3 counts of common assault against me.

I initially said in my statement that he assaulted me, however I did not mention that I had hit him first on all 3 separate occasions. What would happen to me if I were to update my statement to reflect this?

Thanks in advance

[Zacs-Master]

I think you’d need to say what stage proceedings are at for a meaningful answer to be given.

[Zacs-Master]

I actually think it should have been a VPS you gave (victim personal statement). Was it?

[km123]

Currently he has been to the magistrate's court and pleaded not guilty and his first appearance at the crown court got adjourned, he has been on bail since

[Peter Pedant]

you are overthinking this

You have made an incomplete statement and wonder if you should update it.
I have a novel idea that if you are going to state something it should be true - especially to the police

you are still at the stage of wondering if you make a statement that is true-ish will it make a difference to the outcome ? Depends on how big the whoppa, is I suppose

[Peter Pedant]

chmn 1 's option seems to be pretty uncommon to be honest
chmm 2 's option is seen time and again

[New Judge]

Before I get too bogged down, can you elucidate a little?

What did he do to cause a public nuisance? The offence does not involve an individual victim but instead must include inconvenience or danger to “the public”.

Secondly, why is he at Crown Court?:

“My boyfriend has been charged with one count of public nuisance and 3 counts of common assault against me.”

Common Assault is a “summary only” offence and cannot be sent to the Crown Court. “Public Nuisance” is an “either way” offence (meaning it can be dealt with in the Crown Court but only if either the Magistrates believes it is too serious for them to deal with or the defendant elects Crown Court trial. So which was it?

Whatever, you need to contact the police and make a second statement. (You cannot alter the first, you can only make a second correcting the first). The CPS will almost certainly reconsider their decision to bring charges. If they still go ahead, as your BF has pleaded not guilty you will be required to give evidence at his trial. His defence will almost certainly involve “self defence”. You will be cross-examined on your evidence and will face strong questioning about the events. You will be asked to explain the differences between your two statements. Your BF’s version of events will almost certainly include your hitting him and his version will be put to you. Remember you will be under oath or affirmation).

"I actually think it should have been a VPS you gave (victim personal statement). Was it?”

Probably not. But the OP will no doubt enlighten us. A statement to support the prosecution will be needed first and the OP will have been required to make one before a prosecution was considered. A VPS is used only after conviction to assist with sentencing.

[km123]

The public nuisance wasn't actually caused by him, it was to do with police coming to the house because his friend called to say he might kill himself, however, once the police arrived they did a search of the house looking for him, and they found components of a microwave which we had on the bed as we was looking into making a Jacob's ladder, the police thought it was an IED (improvised explosive device) and they immediately evacuated everyone from the house and the houses close by, they also shut down the main road and called the bomb squad

I was wondering if updating my statement would cause me to be charged with perverting the course of justice? I feel like it is unfair that he has been charged with common assault as he was just defending himself

[km123]

I'm not too sure if it was a VPS or not

[New Judge]

"I was wondering if updating my statement would cause me to be charged with perverting the course of justice? I feel like it is unfair that he has been charged with common assault as he was just defending himself "

Firstly, can you please keep this all in one thread - preferably your later one.

You really have little choice. If you don't make a second statement including this new information you will be presented with it when you are cross-examined in court and it really won't be very pleasant - especially in the Crown Court. It is very unlikely that you will be charged with perverting the course of justice (though that's precisely what you have done) but you'll just have to take your chances. The sooner you get this straightened out the better. Crown Court judges do not take kindly to having their court's time wasted.

It is indeed unfair that he is facing assault charges if, as you say, he was only defending himself. But the police and the CPS did not know that as you didn't tell them when you had the opportunity. Get it sorted now and the chances are he will only have the Public Nuisance matter to worry about (which, from your description, is enough to worry about).

[km123]

“Just out of curiosity, why did you omit this somewhat ital information when you first made a statement? Have an answer ready because the police will ask you just that.“

I was in shock that my boyfriend had been trying to kill himself, I have never been in trouble with the police before so I was really scared about them thinking that the stuff in our room was an explosive device (which I know it wasn’t, as we was doing the experiment together) but it was all a shock to me, I hadn’t called the police in the first place, his friend did, so I was shocked that they were looking for him for his well-being, I was also in shock at what had just happened between us and I get really bad anxiety so I was very scared

Would you say that is a good enough reason for why I didn’t say what had really happened in the first place?

[New Judge]

"Would you say that is a good enough reason for why I didn’t say what had really happened in the first place?"

It doesn't matter whether it is or it isn't. You need to get the record put straight regardless. The alternative is your BF will face a trial for offences which, on the face of it, he seems to have the makings of a defence and you will face an unpleasant grilling in the Crown Court. It's a no-brainer.