Statements

MG- manual of guidance


Types of witness…

EYE WITNESS- to an incident or event.

VICTIM- of crime/ offence.

EXPERT WITNESS- can give opinion based on their expertise.

SIGNIFICANT WITNESS- to an indictable offence (usually a recorded interview)

RELUCTANT WITNESS

HOSTILE WITNESS- someone who is aggressive and may try to derail the case.


Types of evidence…

PRIMARY- eye witness accounts or original documents

SECONDARY- evidence reproduced from an original document, eg photos.

‘HERESAY’- third party information that usually can’t be used unless it’s a dying declaration or if it’s statements from the accused or heard by the accused. Can also be used if the witness is unable to attend court (res gestae).

CIRCUMSTANTIAL- circumstances surrounding the offence or an inferred fact.

EXPERT- provided by an expert witness



Statements are necessary to paint a picture of the offence and hopefully act as evidence in court.

Personal information should not be included in the mg11 unless it is relevant to the statement/ case.

Also don’t need addresses unless it’s the location of the offence.


INSIDE Model…

IN- introduction (Time, day, date! always in this order… then location and offence committed.)

S- scene (describe the location and where the witness is in terms of the scene- keeping it all relevant)

I- incident (chronological description of what has happened, use SHACKS)

D- description & identification (10 point description, using ADVOKATE for unknown suspects)

E- ending (cover points to prove, injuries/loss or damage)


Describing cars…

  • colour

  • make

  • model

  • type

  • registration

  • anything distinctive like body work or damage etc