I'm due in court but I can't remember what I said in my statement

[thedaveformula]

I'm due in court as a witness on 12th January, I really want to get a hold of the exact statement that I gave to the police so that I don't stand up and contradict myself in the witness box. I sent a letter to the procurator fiscal asking them for a copy of the police statement and they said they would respond within 20 working days, but the court case is 12th January so do they have a legal obligation to get the statement to me before then?

Basically I want the statement to read because I don't remenber the incident due to alcohol, I don't remember what I saw and I don't remember what I told the police I saw.

[woofgang]

I think, assuming you are telling the truth, you should inform the police or court of this as it makes you an unreliable witness and will have an effect on the case.

[Barmaid]

I don't know about the procedure in Scotland, but in England if you are called as a witness for the prosecution, you are given your statement to read by the prosecutor before you go into court.

[ayresy81]

if you cant remember what you said due to alchohol the case will be chucked out due to unreliabilty of witness statment

[New Judge]

As Barmaid has confirmed, you will be provided with a copy of your statement to refresh your memory before you are called into court to give your evidence. It will be provided either by the prosecutor of the “officer in the case” (the police officer who is responsible for the administration of the case). However, you will not be allowed to refer to your statement whilst you are giving evidence unless you are specifically asked to do so by the court.

Certainly in England and Wales the prosecution is under no obligation to provide you with a copy of your statement. I imagine the situation is the same in Scotland.

The reliability of your evidence is a matter for either the jury or the bench of magistrates to determine.

[madmaggot]

The mind boggles!!!

[kinell]

you dont remember?........

there then is your answer to any question...'i dont recall'

[New Judge]

What, exactly, makes your mind boggle, MM?

[churchill123]

I thin k the mind boggles as to why the police would take a staement from a member of the public who was pissed and now cant remember what he said in the statement. Surley if he had been a drink driver they would have smelt alcohol on his breath and done a test to ascertain his suitability to drive, should they not have made the same judgement when taking statements from the public?

[ummmm]

Not everyone forgets after they have a drink...

[ayresy81]

yes but in this case they have