Making and withdrawing statements

[gester108]

I originally made a statement, then decided to withdraw it where i documented my reasons for doing so but also said the events were still true that happened, can my original statement still be used for prosecution and can i still be called as a witness by only stateing the events were true?

[Barmaid]

Assuming the offence committed was one of violence against you or a minor, yes, your statement can be used and you can be treated as a hostile witness. You can be summoned to court with the threat of arrest if you do not attend.

If you give more of the circumstances, it is easier to advise. Compellability depends on the offence and the relationship with the offender.

[gester108]

It was against my partner and the charges are threats to kill and ABH and they are against me.
I didn't want to go to court and give evidence, we are awaitnig comittal to crown, he said they could use me as a hostile witness but i didnt understand it. Thanks for your answer.

[Barmaid]

OK, given that it was violence against you, you can be compelled to give evidence. A summons can be issued to get you to court. You can be arrested if necessary.

Many people get into the witness box and then lie or "forget". It is at this point the prosecutor will apply to treat them as hostile and put their previous statement to them. Given that you admit that it was true, I have no doubt that the Prosecutor will put you forwards as a witness of truth.

You may find this draconian, but this law exists to protect people who are genuinely in fear of violence and may feel intimidated into not giving evidence.

[gester108]

Thanks for your explanation, i understand now.