Section 20(2)(j) HSWA gives you the power to require any person whom you have reasonable cause to believe will be able to provide information relevant to your examination or investigation, to answer such questions as you think fit to ask and to sign a declaration of the truth of the answers.ħ. If the witness statement refers to any document as an exhibit, a copy of the document should be served at the same time as the statement.Ĭompelled statements taken under section 20(2)(j) HSWAĦ.If the witness cannot read the statement, you should read the statement to them before they sign it and sign a declaration that you have done so.If the statement is made by a person under 18, you must ensure that the age of the witness is included on the statement.You also need to be aware of the following other provisions of section 9 CJA: Part 16 of the Criminal Procedure Rules should be also complied with 2.ĥ.none of the other parties object to the statement being tendered in evidence.

a copy of the statement is served on the other parties before the hearing where the statement is tendered in evidence and.the statement contains a declaration by the maker that it is true to the best of his/her knowledge and belief and that it was made knowing that, if it were tendered in evidence, the maker would be liable to prosecution if s/he wilfully stated in it anything which he knew to be false or did not believe to be true (known as a `perjury declaration').the statement purports to be signed by the maker.Under s9 CJA the contents of a written statement will be admissible, without the witness attending court to give oral evidence, if the following conditions are satisfied: S9 statements are recorded on form LP70.Ĥ. A s9 statement is taken from a person who has voluntarily given the statement. Types of witness statements Statements provided voluntarily in compliance with section 9 of the Criminal Justice Act 1967 (LP70s) - 's9 statements'ģ. However, it is also important to record anything that may open up a new line of enquiry or help in corroborating other information 1. A statement should record what the witness saw, heard or felt. A witness statement is a document recording the evidence of a person, which is signed by that person to confirm that the contents of the statement are true.Ģ. Who can be present when you are taking a witness statement?ġ.Identification of suspects by witnesses.How should witness statements be taken?.People who may be able to provide you with statements.Compelled statements taken under section 20(2)(j) HSWA.Introduction to the work related deaths section.Employment tribunals - Jurisdiction of the tribunal.The sentencing hearing and imposing the sentence.Loss of evidence / failure to disclose unused material.Records required by statutory provisions.Reporting and publicity - Freedom of information.European Convention on Human Rights (ECHR) considerations.Reporting and Publicity - Abuse of process at common law.

Approach to common categories of material.

Preparation for guilty plea in the magistrates court.Information to assist the sentencing court.Initial details of the prosecution case.Proceedings against director, manager, secretary or other similar officer.Obtaining evidence using section 20 powers.Evidence that may assist your investigation.

Define witness