Quizzes & Puzzles5 mins ago
Statement Given Under The Influence Of Morphine
A friend was stabbed (but is fine) and badgered by the police at the hospital to give a statement and prompted about who to accuse - he was also lied to by police about what others had said. He doesn't even remember giving the statement and wants to retract it as he is certain the person he named did not attack him. Will he get in trouble if he retracts and will the CPS proceed with the case against the named person with no witness statements?
There were 2 other people there - one absconded and the police know nothing of them and the other gave a statement saying they didn't know what had happened as they were not in the room at the time.
There were 2 other people there - one absconded and the police know nothing of them and the other gave a statement saying they didn't know what had happened as they were not in the room at the time.
Answers
The case may proceed without witnesses , the injuries will have been recorded by the hospital with notes as to the likely cause. But with what you say about the police 'badgering' and 'prompting' and the witness not remembering what he said the defence would have a very strong case. Unless there is a lot more we do not know I would not expect a prosecution to...
20:38 Fri 30th Sep 2016
You can not 'retract' a statement once it has been made. All you can do is to make a second statement saying why the first one is wrong.
A common mistake we hear it all the time, and it is on TV programs, but the truth is once made the statement remains as evidence, and can be used in court. You need to make a second statement saying why the original one was wrong with all the details about being under morphine, being pressurized to make a statement and not remembering what you said.
Get a solicitor or independent person to witness the second statement .
A common mistake we hear it all the time, and it is on TV programs, but the truth is once made the statement remains as evidence, and can be used in court. You need to make a second statement saying why the original one was wrong with all the details about being under morphine, being pressurized to make a statement and not remembering what you said.
Get a solicitor or independent person to witness the second statement .
The case may proceed without witnesses , the injuries will have been recorded by the hospital with notes as to the likely cause.
But with what you say about the police 'badgering' and 'prompting' and the witness not remembering what he said the defence would have a very strong case. Unless there is a lot more we do not know I would not expect a prosecution to follow from this.
But with what you say about the police 'badgering' and 'prompting' and the witness not remembering what he said the defence would have a very strong case. Unless there is a lot more we do not know I would not expect a prosecution to follow from this.
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