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Can a juvenile victim refuse to provide a witness statement?

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  • Can a juvenile victim refuse to provide a witness statement?

    This is in respect of an alleged assault of a mother on their daughter where both are family members.

    The daughter was placed in local authority care and a police statement is expected from the daughter. Is the daughter obliged to provide a witness statement? I am confident they would not wish to.

    The mother is disliked by Child Services and so there is a belief pressure will be placed on the daughter to provide a statement.

    Is CS obliged to enquire on the daughter's wishes and act on the daughter's wishes in refusal or can a CS representative apply pressure on the victim to provide a statement?
    Tags: None

  • #2
    As a general comment no-one is legally obliged to provide police with either a witness statement or a victim statement. Giving a witness or victim statement | Metropolitan Police

    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      As a general comment no-one is legally obliged to provide police with either a witness statement or a victim statement. Giving a witness or victim statement | Metropolitan Police
      Many thanks for the link which as you said providing a statement is optional.

      The event was witnessed by another SW who reported the assault. She is on records of knowing of the mother and I presume had been subject to verbal abuse given the mother's MO.

      The victim is a child and the question is now if a responsible adult accompanying the child has a duty of care to consider the wishes of the child and understands the consequences of the relationship between the daughter and mother if she goes ahead and makes a statement? The daughter already blames herself for being placed in Local Authority care.

      The responsible adult likely be in full knowledge of the circumstances surrounding this matter. I doubt they will be someone independent outside the area.

      Comment

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