statement

[mark1608]

can a statement be retracted

[noxlumos]

Yes it can, but you'll raise questions about why and possibly lay yourself open to problems, so whatever you're thinking of needs careful thinking about.

[Ward-Minter]

2 points mark1608.

1) It can be retracted but if a prosecution still ensues your statement will still form part of the case. Since 2000 an act came into force where all material is retained.

2) Depending on what exactly the case is, there is a good chance nowadays you will be called to court as what is known a "hostile witness". You can even be summonsed as a witness with an arrest warrant if necessary.

When you made the statement (assuming it is a police matter and not civil) you in principle agreed to attend court. You also signed a declaration that the statement was true to the best of your knowledge and belief and you made it knowing that if it were tendered in evidence YOU will be liable to prosecution if you have wilfully stated anything in it which you know to be false or do not believe to be true.

Therefore you can not change the story nor be coerced into retracting it.

My advice, stick with it and let justice take its course.

[brachiopod]

Not if it's a Press Statement.

[january_bug]

Ward-Minter - somehow you failed to point out that if a statement is contained in communication that was started with the words "Without Prejudice" or, more likely, "Without Prejudice save as to Costs", then the contents of such a statement will not be able to be included in a Court Hearing. I'm sure you knew that, but it's a fair point I'm making (I feel).

So, mark1608, if, for example, you had caused damage to someone's car in a road accident and they were suing you, and their solicitor wrote to you under the heading "Without Prejudice save as to Costs" and offered to drop all the Proceedings against you upon receipt of the sum of, say, �500, and then proceeded to Court anyway (perhaps because you did not give them �500) and put in a Claim for �800, you could not argue to the Court that they had previously offered to settle for �500. The Court will not pay attention to that 'offer' as it was "Without Prejudice", and in that respect, a statement can be retracted.

[Ward-Minter]

JB to be honest i haven't got a clue what you are going on about, but your recent knowledge far outweighs mine.

I think mark mentioned a "Crime Statement" in another thread, which I think is a Section 9 (Police/Court magistrates Act????)

If thaty is the case the "without prejudice" sounds fruitless. It's all a bit civil law for me. Urgggghhhh.

[january_bug]

It's standard practice in civil litigation. I wouldn't touch criminal law with a bargepole. No fun and no money! Yuck!

WM - I'm sure my post made perfect sense.... it was deliberately written to be understood by the intelligent layman, and you're intelligent AND have a legal background.

To put it very simply - "Without Prejudice Save as to costs" means "I can take this back whenever I want to" - or "I can retract this offer/statement at any point".

i.e., proof that sometimes, the answer to the above question is "yes"!

[Oneeyedvic]

Yes, a statement can be retracted

[Oneeyedvic]

I retract my last answer - a statement can not be retracted.