Witness Statements: Why you should be afforded the opportunity of obtaining legal advice before providing one.

Witness statements – What are they?

Witness statements are formal proofs of evidence that police officers obtain from people who are considered relevant to an investigation. This can range from an eyewitness to a person who can vouch another’s whereabouts at a particular point in time.

The process of obtaining a statement can range from signing a handwritten statement after speaking with an officer at the time of, shortly after an incident or attending a police station several days later to sign a typed statement. Regardless of when you provide a statement, the potential legal consequences for the person signing it are the same.

Practical implications

When you provide a statement to a police officer and sign that statement attesting to the fact that its contents are ‘true and correct to the best of your ability’ you are effectively bound by that narrative. You may be required to attend trial and provide evidence in accordance with your written statement. This is where most of the issues, or potential issues arise for those who do provide one, as they are not often aware of how their statement can be used in legal proceedings.

Potential legal consequences

For many people, providing a statement is simply providing their account of what occurred at a specific time. That person may not necessarily fully appreciate what providing a signed witness statement entails, and further, where that statement can be used. In some cases, you may be served with a witness summons to attend Court and give evidence at a trial. This can be a daunting experience and can lead to queries about how best to prepare and what will be expected of you on the day. It can also lead to concerns regarding the contents of your statement, and the consequences of changing it or failing to abide by a witness summons.

What should I do?

If you have either witnessed an incident and/or have been asked to provide a witness statement, it is always best to seek independent legal advice. The benefit of this is you can provide a statement with the peace of mind of knowing in what the potential consequences are for you should you be required to attend Court.  

The purpose of this article is not to discourage those from providing a statement when required, as they are a vital component of the criminal justice system. This article hopefully will assist in alleviating any concerns for those who have or have been asked to provide a witness statement.

If you would like more information, please contact our office on (08) 9221 4333.