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Home Office

Answer

Mr. Oaten: To ask the Secretary of State for the Home Department if he will make it his policy (a) to allow a witness to submit the text of a witness statement to the police by e-mail and (b) to make amendments to it by e-mail prior to the witness attending a police station to sign the final document. [208275] Paul Goggins: Section 9 of the Criminal Justice Act 1967 sets out the requirements that a witness statement must fulfil in order to be admissible in court. These include that it must be signed by the maker and contain a declaration by the maker that it is true to the best of his knowledge and belief. There is no provision in the Act governing the method or means by which that written statement is arrived at. As a matter of law, therefore, there is nothing to constrain police forces from adopting a policy whereby the text of a statement could be submitted or amended by e-mail. Such an approach would however usually be inadvisable and inappropriate where a statement was likely to be challenged in court, which is the majority of cases. For example, a police officer may need to interview a witness in person to find out whether an offence has actually been committed and the legal elements. The process of interview also enables the officer to assess the quality of the evidence which a witness would be likely to give in court and inform the prosecutor as may be necessary. Finally, it could be difficult for the police to assess whether statements given by e-mail were influenced by pressure or intimidation exerted on a witness by the alleged offender or their associates.

Secondary information

Type

Written question

Reference

432 c663W; 208275

Session

2004-05

Subjects

Evidence Email Witnesses

Link

View this Written question on www.publications.parliament.uk