Drafting - written statement

Question 1

What is a written statement?

Answer 1

A written statement is prepared by a solicitor for a client to hand to the police instead of answering questions in an interview.

Question 2

What is the advantage of a written statement?

Answer 2

It allows the client’s version of events to be set out clearly and logically, which is useful for clients who may not perform well in interviews due to distress or fatigue.

It may also avoid adverse inferences being drawn at trial under sections 34, 36, and 37 of the Criminal Justice and Public Order Act 1994.

Question 3

When can the court not draw adverse inferences under section 34?

Answer 3

The court cannot draw adverse inferences if the defendant hands in a written statement and then refuses to answer questions based on that statement, provided the statement contains all the facts relied on in their defense at trial.

Question 4

What must be included in the written statement?

Answer 4

The written statement must include answers to any anticipated questions from the police relevant to sections 36 and 37.

For example, questions about a bloodstain on clothes or presence at a specific location.

Question 5

What should the written statement say?

Answer 5

The statement should only include necessary information to prevent adverse inferences, limited to the facts of the defense for section 34, and must exclude irrelevant material like previous convictions.

It should also address significant statements made by the defendant to the police.