Can Police refuse to show me statements made about an incident involving me?

[Deltic Bouy]

I have 3 people who witnessed an assault on myself and I gave these details to the Police but all 3 say they have not made any formal statement to the Police about the incident but the Police say they are not progressing the matter as they claim these 3 people's statements don't support my claim but when I ask what was said they cannot disclose this information to me.

[des8]

You don't really give sufficient information but I think you will find it is covered by Sec 31 (Law Enforcement) exemption Freedom of information Act 2000

In other words they do not have to disclose this information

[Deltic Bouy]

You don't really give sufficient information but I think you will find it is covered by Sec 31 (Law Enforcement) exemption Freedom of information Act 2000

In other words they do not have to disclose this information

So does it not fall under the disclosure of evidence act?

[Deltic Bouy]

I have spoken to the 3 witnesses again this evening and all are adamant that they were never asked to make a statement on this matter. Would the Police be able to refuse to give these people a copy of the statements they claim to have taken?

[des8]

There are codes of practice covering disclosure in criminal proceedings.
As yet it would seem there are no proceedings.

You could not expect the police to release a statement made by A about person B to any one, let alone to B
If that was normal practice people would be very reluctant to give the police any information

As these three witnesses appear to contradict what you are being told by the force, complain first to the inspector in charge of that particular station.
If the response is unsatisfactory then progress to the Chief Constable or the IPCC

[outlawlgo]

Not sure if I provided a link to the 'Attorney General's Guidelines on Disclosure', in any of your previous threads.

https://www.cps.gov.uk/legal-guidanc...als-guidelines

Note paragraph 59

Post-conviction

59. The interests of justice will also mean that where material comes to light after the conclusion of the proceedings, which might cast doubt upon the safety of the conviction, there is a duty to consider disclosure. Any such material should be brought immediately to the attention of line management.

[wales01man]

If the friends have not given statements how can the police give copies of them they do not exist or am I missing something here?????

[Deltic Bouy]

If the friends have not given statements how can the police give copies of them they do not exist or am I missing something here?????

The point is I don't believe they exist or certainly what has been recorded as a "statement" which the Police claim was given to the CPS for consideration,
There was lots going on that evening and one of the witnesses the police claim to have interviewed her only contact with the Police when she had taken me to A&E following the assault, the assault I should explain was when the assailant grabbed my already cut arm causing it to bleed further whilst raising his other hand to hit me which he didn't do as one of the witnesses stepped in and stopped him. The witness who took me to hospital and indeed I at that time didn't think just shouting names and grabbing someone by the arm constituted actual assault and I said to the officer with me that he "Attempted to assault me" which I was told was not a criminal offence, this was out of earshot of the other witness or the other officer as this witness had been taken away whilst I was searched by the other officer who spent most of the time on the phone asking for advice on how they were going to get me back to hospital for the operation I needed the following morning so only briefly asked this witness "what happened tonight" she like me didn't see grabbing someone by the arm as an assault so didn't use that actual word and was more involved explaining how I had earlier been treated in A&E for the deep cut to my arm which needed the operation the following morning.
Once I spoke to a former Police officer who said that the assailant coming out shouting names and grabbing my arm was actual assault so I called the Police and raised the matter that I was Actually Assaulted, since that allegation that it was Assault none of the witnesses the names of whom I gave have spoken to the Police.
To my mind the officers speaking on the night to the 3 witnesses about the whole set of events does not constitute taking a formal statement following an allegation, none of the 3 have signed any statements so by asking the Police to release the statements either to me or back to those they claim to have taken them from I expect will highlight the fact that rather than trying to tell me there was no assault to investigate and thus suggesting to me that my 3 witnesses are lying to me.
Sorry for rambling on but it is hard to explain as it was a very complex set of issues.

[wales01man]

The police may have made notes not formal only notes in a pocket book your friends need to be asked

[Deltic Bouy]

The police may have made notes not formal only notes in a pocket book your friends need to be asked

one friend says no notes were even written in a note book and the other 2 say that the questioning was about other matters and again don't remember any notes being taken