Quizzes & Puzzles1 min ago
withdraw a statement
3 Answers
my boyfriend took my car with out my knowing, i made a statement to police to get it back but now its gone to court and my statement if not same as i made, can i with draw it.
Answers
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Not likely. You can appeal to be a defence witness, however the CPS will prosecute in the public interest regardless.
If you do try and withdraw your statement, the police are able to charge you with wasting police time.
If your boyfriend was uninsured or had no license there will be further penalties.
Unfortunately, they are trying to stop people wasting valuable police time with statements they intend to withdraw, and as such it now means they will prosecute anyway, and will often prosecute you for wasting police time now. I would leave it be. If you are adament, you can be a defence witness, however be prepared for a wasting police time charge.
If you do try and withdraw your statement, the police are able to charge you with wasting police time.
If your boyfriend was uninsured or had no license there will be further penalties.
Unfortunately, they are trying to stop people wasting valuable police time with statements they intend to withdraw, and as such it now means they will prosecute anyway, and will often prosecute you for wasting police time now. I would leave it be. If you are adament, you can be a defence witness, however be prepared for a wasting police time charge.
As Exmetpolice indicates, if you now tell the police (and/or the court) that your boyfriend had your permission to take the car, you risk prosecution for wasting police time.
Further, if the Crown Prosecution Service was of the opinion that they could prove that your original statement was correct, but that you and your boyfriend were now colluding to avoid him being prosecuted, you could both be charged with attempting to pervert the course of justice. (Conviction for that offence would almost certainly result in prison sentences for both of you).
The question of insurance is also relevant. If your boyfriend was insured to drive your car (either as a named driver on your policy or through a third party provision of any policy he might hold), you can't get into any trouble (in respect of insurance) if you now state that he had your permission to take the car. However, if he was uninsured (and you state that you gave him your permission to take the car), you'll be admitting the criminal offence of permitting him to drive without insurance. Prosecution for that offence would result in you being fined (up to �5000) and receiving 6 to 8 penalty points on your licence.
Chris
Further, if the Crown Prosecution Service was of the opinion that they could prove that your original statement was correct, but that you and your boyfriend were now colluding to avoid him being prosecuted, you could both be charged with attempting to pervert the course of justice. (Conviction for that offence would almost certainly result in prison sentences for both of you).
The question of insurance is also relevant. If your boyfriend was insured to drive your car (either as a named driver on your policy or through a third party provision of any policy he might hold), you can't get into any trouble (in respect of insurance) if you now state that he had your permission to take the car. However, if he was uninsured (and you state that you gave him your permission to take the car), you'll be admitting the criminal offence of permitting him to drive without insurance. Prosecution for that offence would result in you being fined (up to �5000) and receiving 6 to 8 penalty points on your licence.
Chris
if you withdrawl your statement it could make things worse as they may think someone has intimidated you to do so...what you need to do is go see a solicitor who will take a further personal statement and fax it through to the police to be forwarded onto the cps this statement may be dissmisied in court but if you retract your statement the police can charge you for waisting their time or even try to charge you with purgery if your evidence is heard infront of a judge ...so making a second statement putting your views across is the best way forward but to be honest he has only been charged with twoc so the courts will more tahn likely impose a high fine and ban him from driving my friend has just been up on 5 different accounts of twoc he kept using his dads car to get his medication and was heavilly fined and banned for 3 years the charges all contained driving with no insurance and he had just come out of prison for other driving offences ....
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