Definition intimidating witness

13 Oct

A witness statement is a document recording the evidence of a person, which is signed by that person to confirm that the contents of the statement are true. A statement should record what the witness saw, heard or felt. Section 20(2)(j) HSWA gives you the power to require any person whom you have reasonable cause to believe will be able to provide information relevant to your examination or investigation, to answer such questions as you think fit to ask and to sign a declaration of the truth of the answers. Information obtained using this power should be recorded in the form of a statement using form LP7 and, if required, the continuation form LP8. You should only record the information provided to you by the witness, i.e. It is essential that you make it clear to the witness that you are using your compulsory powers before asking any questions. Answers given by a person compelled to answer your questions are not admissible against that person or their spouse or civil partner (section 20(7) HSWA, as amended). When you take a statement from a witness, you should, wherever possible, take a statement under section 9 CJA as there are limitations on how a compelled (s20) statement can be used in legal proceedings. The witness should be asked if s/he agrees to give you a voluntary statement.

However, it is also important to record anything that may open up a new line of enquiry or help in corroborating other information. A s9 statement is taken from a person who has voluntarily given the statement. If they do, their evidence should be recorded on an LP70. You should ensure that the witness has the opportunity to check the contents of the statement and make any corrections before s/he signs it.

An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief.

Personal knowledge is the recognition of particular facts by either direct observation or experience.

definition intimidating witness-55definition intimidating witness-23definition intimidating witness-61

A pleading—a request to a court to exercise its judicial power in favor of a party that contains allegations or conclusions of facts that are not necessarily verified—differs from an affidavit, which states facts under oath.

Prosecutors who deal with rape cases are taught about them as part of their specialist training.

We will not allow these myths and stereotypes to influence our decisions and we will robustly challenge such attitudes in the courtroom.

Under s9 CJA the contents of a written statement will be admissible, without the witness attending court to give oral evidence, if the following conditions are satisfied: 6.

You should also ensure that the witness understands the perjury declaration (see above) contained in a s9 statement before signing. In most cases, witnesses will be willing to cooperate with your investigation.