3/21/2024 0 Comments Drunk witness statementIt depends on the nature of the case, how strong the evidence of the case is and what statements have been given. Will Criminal Charges Always Be Laid When There Has Been An Incident Of Domestic Violence? If a loved one has been charged with a crime relating to a domestic violence incident, they should call an experienced Criminal Defence Lawyer for help in defending the charge. If so, prosecution will proceed regardless of whether the alleged victim withdraws their complaint or not. It is a common occurrence in these kinds of cases for the victim to either recant their statement or express a desire for the alleged offender not to be criminally prosecuted, however, the NSW Police have a policy in place that requires them to proceed with charges where there is sufficient evidence that a crime has taken place, and if they believe it is in the public interest to proceed. Withdrawal of a witness statement does not guarantee that the changes will be dropped. Will The Police Drop The Charges If I Withdraw My Statement? It is essential you have an experienced professional offering advice, and guiding you through a difficult and, at times, intimidating process. The police officer overseeing a case has the authority to strike a statement from the record, however, you should contact a criminal lawyer before approaching police. It is not unusual for victims or witnesses to attempt to make changes to their statement, or withdraw them entirely, particularly if the defendant has multiple prior offences and is facing possible jail time. If you have already given a statement and wish to rectify it, you should call a criminal lawyer for advice. What If I Want To Change Or Withdraw My Statement? Police will follow up on any complaint made by an alleged victim of domestic violence, however minor it may seem, so before you make a statement, it is best to contact an experienced criminal lawyer for legal support. For example, a verbal complaint is theoretically all that they need to charge someone with a criminal offence. Police will usually have enough evidence to lay charges upon the alleged offender. ![]() The reason for this policy is to protect victims of domestic abuse who protect abusive partners or refuse to take the matter to the courts out of fear of reprisal. As mentioned above, a statement is a legal document that may be used in the prosecution of an alleged assailant, and making a false or misleading statement may put you in breach of the law.īefore you decide to give a statement, it is important to understand that NSW Police can advance with a domestic violence charge whether the alleged victim cooperates or not. You should always seek legal advice before making an official statement, whether at the scene, on the phone or at a police station. However, be aware that if police do continue with the case they can issue a victim or witness with a court summons or subpoena, which is a legally-binding order from the court which requires you to give evidence at trial. If you do not wish to assist police, you should seek advice or support from lawyers before making any kind of official statement. You are not obligated by law to provide a statement to police or help them with their investigation in any way. NSW Police will generally pursue a case once it has been alleged that an act of violence or domestic intimidation has been committed, and they can do so with or without the victim’s statement.Īs such, it is advised to avoid making hasty decisions until you contact an experienced criminal lawyer for legal advice. In addition, withdrawing a statement about the person being charged may not make a difference to the case. ![]() Signed statements require a written declaration that all of the contents are correct to the best of the witness’ knowledge, and if found to be untrue, it can result in serious charges which include perverting the course of justice. While it is possible to alter or withdraw a statement at the officer in charge’s discretion, it is a serious crime to give false statements to police. There are also instances where false complaints may be levelled against a person in the heat of the moment, out of spite, or in an attempt to gain an advantage in family court (like attempting to gain full custody of children, for instance).įor these reasons, it is very common for victims of domestic assault to initially resist giving a statement, or later attempt to retract, withdraw or change their statement in order to keep a family together, prevent prosecution of the defendant, or to keep the case from going to trial. Domestic violence cases can be particularly complex as they sometimes hinge upon statements made by witnesses and victims who are often close to the alleged violent person. ![]() A police statement refers to an official record of an offence made in the victim’s or witness’ own words.
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