Legal Rights

[KimmyD59]

Can you please tell me if I am entitled to request a copy of my retracted statement in a domestic violence case from the Police? Unfortunately I didn't request this at the time and since then the case has gone to court where the retraction statement wasn't submitted and the case was re-scheduled for 3 months time.

[woofgang]

I don't think in the uk, you can retract a statement as such.....You can correct it if you want to say that its wrong but you can't decide that you don't want to be involved and "get your statement back"

[Peter Pedant]

is not the answer to the question
can I get a copy ?

woofeez is an answer to the question - can I retract my statement - (answer er not really)

you should take the view that your retracted statement in your data and you can request it. here's how...
https://ico.org.uk/your-data-matters/crime/

follow the steps

(in fact the original statement will have been disclosed to the defendant and you might wish to have a copy of the statement that retracts no 1 - so as the steps above prescribe - think about the data you want and make it clear)

and you are a silly silly girl
all statements and letters should be scanned and held on your whatever. A lap top, scanner isnt beyond everyone and everyone has a phone-photo thingey.

[New Judge]

No you are not entitled to a copy of it. Once completed a statement is a "Restricted" document. this means its contents are privileged and can only be disclosed to certain people in certain circumstances. If you had a copy there would be nothing stopping you from distributing it to all and sundry and this could jeopardise any proceedings it may form part of.

To address the point about "retraction": you cannot retract a statement. Once it's made it cannot be "unmade". The subsequent statement you have made will be stating that the contents of the first are in some way incorrect or untrue. If you are called to court to give evidence (which is a possibility in domestic violence cases, whether you support the prosecution or not) you may be asked to explain the reasons for the corrections you made.

[Peter Pedant]

oops s0zza wrong on that one

[Peter Pedant]

interesting document here
yes it is your data
no you cant get a copy..... no wonder solicitors scribble in the all teevee progz

https://www.met.police.uk/SysSiteAssets/foi-media/metropolitan-police/disclosure_2017/june_2017/information-rights-unit--disclosure-of-witness-statements-under-the-data-protection-act

[Peter Pedant]

A relevant ICO decision is here
https://ico.org.uk/media/action-weve-taken/decision-notices/2011/604394/fs_50350464.pdf

I would give it a go - because
1)it is not third party info - it is the requestors
2)it was nt made in contemplation of a legal action - it was made to end one
3)it was intended to be disclosed to the world and his mother
4) it WOULD be fair to send a copy to the requestor and would be UNFAIR not to

oh whoops !
back to this - already quoted
https://ico.org.uk/your-data-matters/crime/

scroll down to
"For example, you may want to ask for:
your interview statements;
footage of you captured through CCTV/ other recordable devices"

[New Judge]

We really need to put this to bed!

Whilst Peter's latest answer adds interest, it fails to demonstrate that you have an entitlement to a copy of your statement. Remember we're talking about entitlement. Depending on the contents of the statement and the current situation with the matter to which it relates the police MAY allow you to take a copy. It would be very unusual and it is not an entitlement.

The avenue of demanding a copy because it is "personal data" is a bit of a stretch and is bound to fail. The notion that you should be entitled to it on the grounds that it is personal data relating to you is not all there is to it. The statement will almost certainly contain personal data about at least one other person (the defendant). Even if it does not it will contain references from which he could be identified by association. The Information Commissioners Office (ICO) is quite clear on the matter:

"When does the right to access not apply"

You cannot request personal data that forms part of a judicial decision or in documents relating to an investigation or proceedings which have been created by or on behalf of a court of other judicial authority. This is because there are other access routes through which you can obtain this information – the Criminal Procedure Rules - which govern the disclosure of material for cases going through the court process.

This is unambiguous.

In the individual case Peter cited, the ICO concluded that the statement(s) need not be provided under the terms of the Data Protection Act and a number of reasons (including the one above) were given.

Just out of interest, why do you feel the need to have a copy? In the circumstances you describe (assuming you are a prosecution witness) the prosecution has a duty to disclose all your statements (including the one "retracting" the first) to the defence. Failing to do so lands them in big trouble (as a number of cases involving serious offences have demonstrated in recent months) and the likely collapse of the prosecution. So, presuming you know what it contains, what do you intend to do with it should you get a copy?