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Taking Witness Statements

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  • Taking Witness Statements

    I am acting as Litigant in Person in an Appeal to the Crown Court against a conviction given in the Magistrates court, the main part of my argument being that I was not disclosed all the evidence and indeed much of it was irrelevant
    One of the issues was a statement from the prosecution which I did not know about however I have 3 witnesses that will discredit that statement. At the directions hearing in the crown court I asked about bringing these witnesses to court and was told that I should get witness statements from them and submit them to the CPS.
    My question is how to go about getting such statements, for example can I type up these statements as none of the witnesses have access to computers to type them up? Also is there any format or things that need to be specifically stated like a statement of truth or contact details of the witnesses? Will these be disclosed to the other side as they don't want the witness for the other side knowing their address or contact details?
    TIA
    Tags: None

  • #2
    Here is template you can use to type up their statement, then they must sign it: https://www.justice.gov.uk/courts/pr.../ws001-eng.doc

    You'll note that it doesn't require the Witness to provide their address, but you will have to disclose these statements to the CPS as ordered at the directions hearing.

    My advice would be instead of doing this as LiP to meet with a legal aid Solicitor to see if you are eligible for representation under the scheme due to the procedural nature of Crown Court and the potential gravity of the outcome.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Originally posted by jaguarsuk View Post
      Here is template you can use to type up their statement, then they must sign it: https://www.justice.gov.uk/courts/pr.../ws001-eng.doc

      You'll note that it doesn't require the Witness to provide their address, but you will have to disclose these statements to the CPS as ordered at the directions hearing.

      My advice would be instead of doing this as LiP to meet with a legal aid Solicitor to see if you are eligible for representation under the scheme due to the procedural nature of Crown Court and the potential gravity of the outcome.
      Thanks for the template, I assume at some point I will get written notice with the details of where to submit statements to etc.?
      I tried to get legal aid for the hearing in the magistrates court but as they only take mortgage and council tax away from your income I was deemed to earn too much to get legal aid hence the reason I am having to do this as LiP.
      As this case involve my former wife and she does not wish to be questioned by me the court will appoint a barrister to question her on my behalf.

      Comment


      • #4
        Originally posted by Photega View Post
        Thanks for the template, I assume at some point I will get written notice with the details of where to submit statements to etc.?
        I tried to get legal aid for the hearing in the magistrates court but as they only take mortgage and council tax away from your income I was deemed to earn too much to get legal aid hence the reason I am having to do this as LiP.
        As this case involve my former wife and she does not wish to be questioned by me the court will appoint a barrister to question her on my behalf.
        The court should issue a notice with directions for the trial, but if you do not receive anything contact the court and they'll be able to advise where to serve the statement.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment

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