MG11 WITNESS STATEMENT

The purpose of this form is:

 To provide the written evidence of a witness;

 To obtain a witness’s consent to disclose medical records;

 To identify any needs for special measures for vulnerable and intimidated witnesses and to indicate the willingness of a witness to attend court.

It is essential to record either the specific dates to avoid or the fact that the witness has no dates to avoid.

See Note 3

Where you have more than one vulnerable or intimidated witness in the case, a separate MG2 must be completed for each witness in an anticipated not guilty, contested or indictable case.

The VPS gives victims of crime an opportunity to record the effect a crime has had upon them.

See Notes 7 – 12.

The question re ‘particular needs’ is generic to all witnesses not just those requiring Special Measures.

See Note 5.

MG11 – WITNESS STATEMENT GUIDANCE NOTES

1. Statements from witnesses should be recorded on form MG11. Where statements are visually recorded on video or digital format, they may also be recorded on the form MG15.

2. The rear of the MG11 includes space for recording information regarding the statement maker including means of contact including mobile phone number and email address. Wherever possible the preferred method of contact should be established and shown.

3. The dates to avoid for the witness be recorded on the rear of the MG11. Where there are no dates to avoid this must be shown as absence of information re dates to avoid may lead to a delay in setting a trial or the trial being set for an inappropriate date (and/or dismissed).

4. There is an opportunity for the witness to indicate their willingness to allow police to access medical records relating to their injury/hospitalisation and for the use of these during the prosecution. The witness should sign to indicate their willingness.

5. Support can be provided to a witness whether or not they are already receiving support from the Witness Service or other agency. Key elements of the witness care information on the rear of all the MG11s in a case should be collated on an MG6. These include:

 In cases where witnesses have specific care needs in attending court, the officer should record the existence of those specific needs and arrangements that police have made to deal with them. For example a disabled witness may have difficulty in attending court and transport provision arranged.

 Recording any difficulties that a witness has in expressing themselves, e.g. through difficulties in language or mannerisms.

 Indicating the measures taken to address specific care requirements of vulnerable witnesses, in particular those with learning difficulties or the less physically able. This may include attendance of key support workers, any measures taken to obtain witness statements or the provision of continuing support in cases of abuse.

 Recording any requests for stand-by arrangements (permitting witnesses to wait at known locations near the court where they can be contacted by telephone) or arrangements for use of pagers/mobile phones to call witnesses.

6. Officers will need to understand the relevant provisions of Part II of the Youth Justice and Criminal Evidence Act 1999, and the importance of identifying witnesses who potentially fall into the above categories, as soon as possible. Further information can be found in the Guidance Notes for form MG2 (see 3.3).

7. Any individual victim of crime, or proprietor or partner in a small business can make a Victim Personal Statement (VPS). A VPS can also be made by a relative or partner of a homicide victim or the parent or carer of a child or adult with learning difficulties. The scheme is entirely optional for victims and they should be offered the chance to make a VPS but should not be pressured to do so.

8. A VPS is often taken at the same time that a witness statement is taken on an MG11 and would usually be recorded on the same form following the ‘evidential content’. If taken at this time, the VPS is referred to as a ‘stage one’ VPS.

9. A victim who does not make a VPS initially can do so at any time thereafter. A victim can also make a second (or subsequent) VPS to update the information given in a previous VPS. Such a VPS is known as a ‘second stage’ VPS. These will also usually be taken on an MG11.

10. Where the VPS is taken at the same time as the witness statement there should be a clear separation on form MG11 between the evidential part of the statement and the VPS. A caption should be inserted between the two to make this separation clear. A second stage VPS should also have this caption to distinguish it from an evidential witness statement.

11. The caption should read as follows (but duly amended according to whether it is a first stage or second stage VPS):

‘I have been given the Victim Personal Statement (VPS) leaflet and the VPS scheme has been explained to me. What follows is what I wish to say in connection with this matter (in addition to what I said in my previous victim personal statement). I understand that what I say may be used in various ways and that it may be disclosed to the defence’.

12. A fresh MG11 should be used to take a second stage VPS. This can be taken at any time prior to sentence. It would normally be expected to focus on the longer term effects of the crime on the victim.

13. When making a statement, a victim will have the opportunity to discuss any other concerns they may have including:

 Whether to choose to receive further information about the progress of the case

 The offender’s bail

 Details about vulnerability as a victim or as a potential witness

 Whether compensation might be sought, and

 Whether the victim might wish to participate in a restorative justice outcome where appropriate.

Date the form to assist CPS and police supervisors to determine the chronological order of form submissions, such as when additional items are exhibited after the initial submission.

Each item must be given an exhibit reference number that is made from the initials of the person producing it with a sequential number e.g.

WR1, WR2 etc.

If two people have the same initials, then use the second letter of the family name, e.g. Walter Roberts - WRo1, William Richards

– WRi1etc.

Consider photocopying non- documentary items such as knives etc.

Accurate information on the current location of an item is vital to ensure that it can be located by persons other than officers involved in the case.

Insert the number used to identify the property in the police property store/system.

Tick if the original exhibit is submitted with the file. Police should retain originals until requested by the CPS

List items in the order that they appear in the statements.

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