Here witness statements are being used to challenge the credibility of the witness by highlighting the inconsistency between evidence provided in a statement, and evidence given at trial. Witness statements, under the common law of Scotland, could always be used in evidence when the original statement differs from the evidence a witness gives in court. The general approach of the Scottish courts has been to leave the question of fairness to the trial judge if hearsay evidence is assessed to be unfair to the accused this might lead to a trial being deserted or the jury directed to acquit. It has been argued that where hearsay evidence provides corroboration for the Crown's case then, the accused is being denied a fair trial because the accused is not given the opportunity to examine witnesses who are against him/her. There have been several challenges to these statutory provisions on the basis that their operation can breach an accused's right to a fair trial under Article 6 (Schedule 1 Part 1) of the Human Rights Act 1998. Section 259 of the Criminal Procedure (Scotland) Act 1995 allows hearsay evidence to be admitted in a number of situations: where the maker of the statement is dead, unfit or unable to give evidence, or where a witness refuses to answer questions, then, evidence from a prior statement can be put to him/her. There are several ways in which witness statements can become crucial at a trial, and these make it important that all statements are recorded with particular care and accuracy. There are several exceptions to the general hearsay rule.Ī witness statement is a document recording the evidence of a person to whom you have spoken, which is signed by that person to confirm that the contents of the statement are true. However, where a statement is led in evidence only to prove that it was made, then that was and remains quite legitimate. This was because witness statements are classed as hearsay when led as evidence of the truth of their facts. In Scotland, in the past, a witness statement was not normally considered to be evidence in its own right. However, it is important to record anything that may open up a new line of enquiry or help in corroborating other information. In general, the statement should only contain information on what the witness saw, and not what others have said to him / her. Non tape-recorded interviews under caution - written recordĪ witness statement is a document recording the evidence of a person who you have spoken to, which is signed by that person to confirm that the contents of the statement are true.Interviewing a body corporate (eg a company).When should you conduct an interview under caution?.Who can be present when you are taking a witness statement?.People who may be able to provide you with statements: Directors, managers, etc, with duties under HSWA s37.
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